Communicated on 9 June 2017

FOURTH SECTION

Application no. 6030/16 Farhad FARYAB against Ukraine lodged on 22 February 2016

STATEMENT OF FACTS

The applicant, Mr Farhad Faryab , is a British national who was born in 1961. He is currently detained in Kharkiv .

The facts of the case, as submitted by the applicant, may be summarised as follows.

A. Criminal proceedings against the applicant

On 2 July 2015 the body of a taxi driver was found in Kharkiv . On 6 October 2015, in the course of the investigation, a certain Sh. and K. were arrested in connection with the above crime. On 7 October 2015 the investigation authorities searched the applicant ’ s home and seized money and documents.

On 9 December 2015 the applicant was detained by the police on suspicion of ordering a contract murder and the Kyivskyy District Court of Kharkiv ordered his arrest the same day. On an unspecified date in December 2015 the applicant was sent to the Kharkiv Pre-trial Detention Centre (“the SIZO”).

On 14 December 2015 the Kyivskyy District Court of Kharkiv ordered the seizure of the applicant ’ s property and bank accounts.

On 17 December 2015 the court of appeal held a hearing, allegedly in the applicant ’ s absence, and upheld the court decision of 9 December 2015 on his arrest. The courts extended the period of the applicant ’ s pre-trail detention a number of times in the course of the investigation.

B. Conditions of detention in the Kharkiv SIZO

The applicant states that there was no heating in his SIZO cell and that his bed was made of metal slats. The toilet consisted of a hole for squatting. There was no toilet paper, drinking water or dish in which to have food or water in the cell. The applicant was given cold water, which caused him severe toothache because he had dental problems. The food was limited to lard soup and bread and, occasionally, fish. He could only have a shower for ten minutes per week and there was no way to wash clothes.

The applicant has not provided any documentary evidence in support of the above-mentioned statements.

C. Medical care provided to the applicant

The applicant submits that he had health problems before being arrested, in particular, a misaligned coccyx; his left elbow had recently been operated on, he had a stomach ulcer, had had gall bladder surgery in 2013, and suffered from a fungal infection. During his detention the applicant complained of a high pulse, dizziness, of losing his balance, chest, heart and gastric pains, weakness and prolonged headaches.

The applicant submits that during his detention he broke four teeth, in particular:

1) on 16 December 2015, while being transported in a prison van between the SIZO and the court;

2) in May 2016 as a result of a root infection;

3) on 1 July 2016;

4) in October 2016.

The applicant states that despite numerous requests to the SIZO authorities, the prosecution authorities and the court, he was not provided with appropriate medical care for his health issues. In particular, he was not provided with the appropriate diet, dental care, bed or medicines.

On 1 February 2016 the applicant wrote to the SIZO administration, offering to cover all the relevant costs for his medical care at his own expense. His proposal was allegedly ignored.

In his submissions to the Frunzenskyi District Court of Kharkiv (the trial court), dated 26 May 2016, the applicant submitted that between 18 and 25 May 2016 he had undergone a series of medical examinations, allegedly at the request of the British Embassy in Uk raine. In particular, on 18 May 2016, he had had an electrocardiogram, his blood pressure had been measured, an X-ray of his elbow taken and blood tests performed . On 19 May 2016 he was examined at the SIZO by two doctors for his gastric and dietary issues. On 24 May 2016 he underwent the following tests at Kharkiv Regional hospital: blood tests, an ultra-sound examination of his stomach and chest, an eye test, two X-rays of his elbow and an orthopaedic examination. On 25 May 2016 he was examined by a dentist at the SIZO. The dentist noted that the applicant had an infection of the roots of his teeth and of his jaw bone and needed surgery. The applicant has not provided copies of documents in support of his statements about the above-mentioned examinations, alleging that the authorities had refused to give them to him.

On 26 August 2016 the Kharkiv regional prosecutor ’ s office informed the applicant in reply to his complaint about the lack of medical treatment that the trial court had requested that the SIZO provide it with information about the treatment at issue. The applicant has not submitted a copy of the SIZO ’ s reply.

On 12 September 2016 a private dentist, chosen by the applicant, examined him at the SIZO and, based on his complaints, found that he had apical periodontitis of three teeth. The dentist noted that the applicant had started experiencing pain in May 2016 due to his dental problems. He added that pain killers would have side effects on the applicant ’ s gastrointestinal organs. He recommended that the applicant undergo immediate dental treatment in an appropriately equipped medical establishment.

On 4 February 2017 the applicant joined to his correspondence to the Court a tooth that allegedly broke away in January 2017.

D. Transportation from the SIZO to court hearings and back

The applicant states that on 14, 16 and 23 December 2015 and on 12 and 26 January 2016, he was transported from the SIZO to court hearings and back in an overcrowded, dark metal van without any heating or ventilation. He adds that he was not provided with any food or water on those days. On 16 or 23 December 2015, while being taken back from a court hearing, he broke a tooth. He does not provide any documentary evidence in support of his statements about the above-mentioned circumstances.

COMPLAINTS

The applicant complains under Articles 2 and 3 of the Convention of the poor conditions of his detention in the Kharkiv SIZO. He also complains that he was not provided with adequate medical treatment and assistance while in detention. Finally, he complains about the conditions of his transportation from the SIZO to the court hearings and back.

QUESTIONS TO THE PARTIES

1. Have the material conditions of the applicant ’ s detention in the Kharkiv SIZO from December 2015 onwards amounted to a breach of Article 3 of the Convention?

The Government are invited to provide information about the material conditions of the applicant ’ s detention, including – but not limited to – information about the complaints filed by the applicant in relation to those conditions and the authorities ’ replies to the applicant.

2. Was the medical treatment and assistance provided to the applicant in detention in compliance with the requirements of Article 3 of the Convention?

The Government are invited to provide the applicant ’ s complete medical records as well as copies of all his medical complaints and of the authorities ’ replies.

3. Were the conditions of the applicant ’ s transport to and from the court hearings compatible with Article 3 of the Convention?