THIRD SECTION

CASE OF KOZIN v. RUSSIA

(Application no. 1993/17)

JUDGMENT

STRASBOURG

23 June 2022

This judgment is final but it may be subject to editorial revision.

In the case of Kozin v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

Darian Pavli, President, Andreas Zünd, Mikhail Lobov, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 2 June 2022,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 26 December 2016.

2. The applicant was represented by Ms R. Gayazova, a lawyer practising in Kazan.

3. Notice of the application was given to the Russian Government (“the Government”).

THE FACTS

4. The applicant’s details and information relevant to the application are set out in the appended table.

5. The applicant alleged that he did not receive adequate medical care in detention and that there was no effective remedy in that regard. He also raised other complaints under the provisions of the Convention.

THE LAW

6. The Court notes that Mr Kozin died on 7 December 2020 and that his mother Ms Lidiya Kozina asked the Court to continue the examination of the application in his stead. The Court takes into account Ms Kozina’s statement and, in line with its case-law (see Horváthová v. Slovakia , no. 74456/01, § § 25-27, 17 May 2005) accepts that she has standing to pursue the proceedings initiated by the applicant.

7. The applicant complained principally that he had not been afforded adequate medical treatment in detention. He relied on Article 3 of the Convention, which reads as follows:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

8. The Court notes that the applicant suffered from a serious medical condition, as indicated in the appended table, which affected his everyday functioning. Therefore, he could have experienced considerable anxiety as to whether the medical care provided to him was adequate.

9. The Court reiterates that the “adequacy” of medical assistance remains the most difficult element to determine (see Blokhin v. Russia [GC], no. 47152/06, § 137, ECHR 2016). It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia , no. 31535/09, § 62, 6 March 2014, with further references, and Pokhlebin v. Ukraine , no. 35581/06, § 62, 20 May 2010, with further references) and that ‒ where necessitated by the nature of a medical condition ‒ supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee’s health problems or preventing their aggravation (see, inter alia , Ukhan v. Ukraine , no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia , no. 44694/13, § 70, 22 March 2016, with further references). The Court stresses that medical treatment within prison facilities must be appropriate and comparable to the quality of treatment which the State authorities have committed themselves to providing for the entirety of the population. Nevertheless, this does not mean that each detainee must be guaranteed the same level of medical treatment that is available in the best health establishments outside prison facilities (see, for instance, Sadretdinov v. Russia , no. 17564/06, § 67, 24 May 2016, with further references, and Konovalchuk v. Ukraine , no. 31928/15, § 52, 13 October 2016, with further references)

10. Having examined all the material submitted to it, the Court has identified the shortcomings in the applicant’s medical treatment, which are listed in the appended table. The Court has already found a violation in respect of issues similar to those in the present case (see Blokhin v. Russia [GC], no. 47152/06, §§ 120-50, ECHR 2016, Reshetnyak v. Russia, no. 56027/10, §§ 49-101, 8 January 2013 and Koryak v. Russia, no. 24677/10, §§ 70-110, 13 November 2012). Bearing in mind its case-law on the subject, the Court considers that in the instant case the applicant did not receive comprehensive and adequate medical care whilst in detention.

11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

12. The applicant also complained that no effective domestic remedies regarding the quality of the medical care in detention were available to him. His complaint falls to be examined under Article 13 of the Convention, which reads as follows:

Article 13

“Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority ...”

13. The Court has on many occasions established that there is a lack of effective domestic remedies to complain about the quality of medical treatment in detention (see, among many other authorities, Reshetnyak, cited above, §§ 49-101, and Koryak, cited above, §§ 70-110). In the aforementioned cases the Court established that none of the legal avenues suggested by the Government constituted an effective remedy to prevent the alleged violations or stop them from continuing, or to provide the applicant with adequate and sufficient redress for his complaints under Article 3 of the Convention.

14. The Court sees no reason which would justify departure from its well-established case-law on the issue. It finds that the applicant did not have at his disposal an effective domestic remedy for his complaints, in breach of Article 13 of the Convention.

15. The applicant also raised other complaints under the Convention.

16. The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.

17. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

18. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Kolesnikovich, cited above, §§ 82-92, Tselovalnik v. Russia, no. 28333/13, §§ 70-77, 8 October 2015 and Budanov v. Russia, no. 66583/11, §§ 77-83, 9 January 2014), the Court considers it reasonable to award the sum indicated in the appended table.

19. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

(a) that the respondent State is to pay the applicant’s mother, Ms Kozina, within three months, the amount indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 23 June 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 and Article 13 of the Convention

(inadequate medical treatment in detention and lack of any effective remedy in domestic law)

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Principal medical condition

Shortcomings in medical treatment

Dates

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

1993/17

26/12/2016

Sergey Aleksandrovich KOZIN

1978Following the applicant’s death, his mother Ms Lidiya Leonidovna Kozina, born in 1958, expressed a wish to pursue his application

Gayazova Regina Fargatovna

Kazan

rectum cancer

lack of necessary medical examination (no biopsy or endoscopy) and palliative treatment, as identified in the expert report of 10 August 2016

25/08/2014 to 24/06/2019

4 year(s) and 10 month(s)

15,000,

to be paid to the applicant’s mother, Ms Kozina

[1] Plus any tax that may be chargeable to the applicant.