THIRD SECTION

DECISION

Application no. 46645/19 Sergey Latynbayevich YUSUPOV against Russia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 24 November 2022 as a Committee composed of:

Darian Pavli , President , Ioannis Ktistakis, Andreas Zünd , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 1 August 2019,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate medical treatment in detention and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.

THE LAW

The applicant complained that he had not received adequate medical assistance in respect of his medical condition indicated in the appended table.

The Court observes that the general principles regarding the quality of medical care in detention have been stated in several of its previous judgments (see, among many other authorities, Blokhin v. Russia [GC], no. 47152/06, §§ 135-40, ECHR 2016, and Ivko v. Russia , no. 30575/08, §§ 91-95, 15 December 2015).

The Court adopts conclusions after evaluating all the evidence, including such inferences as may flow from the facts and the parties’ submissions. According to its established case-law, proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see, for example, Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, § 121, 10 January 2012). In cases regarding conditions of detention and medical assistance in detention the burden of proof may, under certain circumstances, be shifted to the authorities (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII, and Mathew v. the Netherlands , no. 24919/03, § 156, ECHR 2005-IX). Nevertheless, an applicant must provide an elaborate and consistent account of the State’s alleged failure to provide him with the required medical assistance, mentioning the specific elements which would enable the Court to determine that the complaint is not manifestly ill-founded or inadmissible on any other grounds.

Having examined the materials submitted, including extensive medical evidence submitted by the Government, the Court considers that the applicant received essential medical treatment in respect of his condition. The defects in the quality of medical care alleged by the applicant are either insignificant or not supported by sufficiently strong evidence. Therefore, they cannot be accepted by the Court. The applicant’s complaint about the quality of the medical assistance is therefore manifestly ill-founded.

The applicant also complained that no effective domestic remedies regarding the quality of the medical care in detention had been available to him in violation of Article 13 of the Convention.

The Court reiterates that Article 13 requires domestic remedies only with regard to complaints arguable in terms of the Convention (see Boyle and Rice v. the United Kingdom , 27 April 1988, § 52, Series A no. 131). Since the Court has found above that the applicant’s complaint about the quality of the medical treatment in detention is manifestly ill-founded, no issue under Article 13 of the Convention arises in his case.

In view of the above, the Court finds that the present complaints are manifestly ill-founded and must be rejected in accordance with Article 35§§ 3 and 4 of the Convention.

The applicant also complained under Articles 3 and 13 of the Convention about poor conditions of his detention and lack of an effective remedy to complain about it.

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 do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention.

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

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 15 December 2022.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 3 and 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

Principal medical condition

Shortcomings in medical treatment, as alleged by the applicant

Dates

46645/19

01/08/2019

Sergey Latynbayevich YUSUPOV

1974hepatitis, HIV

lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy

13/10/2017 - pending

More than 4 year(s) and 10 month(s) and 26 day(s)