Communicated on 9 May 2017

FOURTH SECTION

Application no. 54570/16 Ivan Sergiyovych ZHUKOV against Ukraine lodged on 19 September 2016

STATEMENT OF FACTS

The applicant, Mr Ivan Sergiyovych Zhukov, is a Ukrainian national who was born in 1984 and lives in Gradiv . He is represented before the Court by Mr V.I. Melnychuk and Mr G.V. Tokarev , lawyers practising in Kyiv and Kharkiv .

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

The applicant has been suffering from kidney diseases since 2005. In March 2013 he was admitted to the Donetsk city hospital with the following diagnosis: calculi in the left kidney ( сечокам ’ яна хвороба лівої нирки ) , left-sided renal colic ( ниркова коліка ) , and chronic pyelonephritis ( загострення хронічного пієлонефриту ) . On 19 March 2013 a percutaneous nephrostomy (a surgical procedure by which a catheter is inserted through the skin and into the kidney) was performed on the applicant ’ s left kidney. On 29 March 2013 the applicant was discharged from the hospital.

On 9 August 2013 a local court ordered the applicant ’ s arrest in the context of a criminal investigation against him. On the same day, owing to a deterioration in his state of health, the applicant was transferred to the emergency department of the Mariupol city hospital, where he was seen by a urologist and a surgeon. Later the same day he was placed in the Mariupol pre-trial detention centre (SIZO).

The applicant states that as soon as he was placed in the Mariupol SIZO he informed the SIZO administration about his health problems. On 13 August 2013 he was examined by the SIZO paramedic who confirmed the applicant ’ s previous diagnosis and recommended that he consult a neurologist and a nephrologist.

From 17 to 28 August 2013 the applicant received inpatient treatment at the SIZO medical unit on account of his kidney disease. He was diagnosed with kidney stones ( сечокам ’ яна хвороба ), chronic calculous pyelonephritis ( х ронічний калькульозний пієлонефрит ), a dysfunctional percutaneous nephrostomy ( непрацююча черезшкірна нефростома зліва ) and an abscess in the left kidney ( абсцес нирки ) . The medication that he was given has not been specified. Upon completion of the treatment, the applicant was transferred to the urology department of the Mariupol city hospital for further treatment.

From 28 August to 5 September 2013 the applicant was treated at the urology department of the Mariupol city hospital for kidney stones, calculi in the left urinary tract ( камені в лівій нирці та сечовиводу ), and chronic calculous pyelonephritis. He underwent blood and urine tests and had an ultrasound examination. Another percutaneous nephrostomy was also carried out. H e received the following medication: Cefoperazonum , No-Spa, Ketolongum , Rheosorbilact , Latren and Tivortin . Following the ultrasound examination of his kidneys, he was diagnosed with kidney disease, calculi and renal parenchyma. He was discharged from the hospital as the latter did not have specific equipment to perform a lithotripsy (a medical procedure involving the physical destruction of hardened masses such as kidney stones). He was recommended further treatment at the Donetsk city hospital.

On 5 September 2013, after his return to the SIZO, the applicant complained of weakness, sweatiness, pain in the lower spine, and fluctuating temperature. The SIZO doctor recommended the applicant ’ s admission to a hospital for inpatient treatment.

On 25 September 2013 the Zhovtnevyi District Court of Mariupol found the applicant guilty of robbery and sentenced him to five years and two months ’ imprisonment. On 10 December 2014 the Donetsk Regional Court of Appeal upheld that sentence with minor rectifications.

From 12 to 25 January 2014 the applicant received treatment at the SIZO medical unit. He was diagnosed with kidney stones, renal colitis ( ниркова коліка ) and colitis of the left ureter, and chronic calculous pyelonephritis. A series of tests (blood, urine and ultrasound) were carried out and medication was administered. He was discharged from the hospital with a recommendation to continue treatment at the hospital of Donetsk correctional colony no. 124.

The applicant alleges that on 15 February 2014 he complained to the SIZO medical unit of health problems; however, the doctor did not record his complaints in his medical file. On 25 March 2014 it was again recommended that the applicant undergo treatment at the Donetsk correctional colony.

From 26 March to 10 April 2014 the applicant received treatment at the Donetsk correctional colony hospital. He was again diagnosed with calculi in the left urinary tract and chronic pyelonephritis ( х ронічний пієлонефрит ). He underwent blood and urine tests and an ultrasound examination. The following medication was administered: ceftriaxonum , No-Spa and nitroxolinum . The doctors concluded that the applicant did not need surgery but recommended that he continue treatment at the hospital of Buchanska correctional colony no. 85.

From 25 April to 31 May 2014 the applicant was treated at the surgical unit of the Buchanska correctional colony in connection with the same diagnosis. He underwent blood and urine tests and had an ultrasound examination. There is no information in the case file about the nature of the treatment the applicant received while in the Buchanska correctional colony. According to his medical file, the applicant refused to undergo another nephrostomy. It is also indicated in his medical file that the system of general anesthesia was not operating at the Buchanska correctional colony hospital.

From 24 June to 15 July 2014 the applicant was admitted as an inpatient to the hospital in the Dnipropetrovsk pre-trial detention centre, where he was treated for a dysfunctional nephrostomy. He also underwent blood and urine tests and had an ultrasound examination. He was given symptomatic medication only. During his stay at the hospital, on 8 July 2014 he was classified as having a class III disability (the least severe category). His disability status was valid for a term of one year. It was mentioned in the disability certificate that the applicant had kidney stones, chronic left-sided pyelonephritis at the acute stage and a functional left-sided nephrostomy.

On 29 September 2014 the applicant was transferred to Dnipropetrovsk correctional colony no. 89 to serve his sentence. Upon his arrival he was examined by a doctor who diagnosed kidney stones and chronic left-sided pyelonephritis, and noted that he had a functional left-sided nephrostomy. The doctor also noted that the applicant had no complaints in connection with his health problems.

On 7 October 2014 the applicant was seen by a urologist from the Dnipropetrovsk city hospital, who recommended that he undergo an examination with a view to determining a strategy for further treatment.

From 13 October to 25 November 2014 the applicant received inpatient treatment at the hospital in the Dnipropetrovsk pre-trial detention centre for kidney stones, chronic pyelonephritis, and calculi in the left urinary tract. He underwent a series of blood and urine tests. There is no information in the case file about the nature of the treatment the applicant received while in that medical facility .

From 29 November to 24 December 2014 the applicant was treated as an inpatient at the surgical unit of the Buchanska correctional colony for kidney disease, calculi in the left kidney, a dysfunctional left-sided nephrostomy, and chronic left-sided pyelonephritis at the active inflammatory stage. He underwent blood and urine tests and had an ultrasound examination. The medication he was given was not specified. Surgery was recommended, but it could not be carried out as the anaesthesia system was not operating in that medical facility.

Following his return to the Dnipropetrovsk correctional colony, on 19 January 2015 the applicant was seen by the colony doctor, who noted that his diagnosis was the same as that previously established, namely kidney disease, calculi in the left kidney, a dysfunctional left-sided nephrostomy and chronic left-sided pyelonephritis at the remission stage.

On 3 February 2015 the prison authorities asked the healthcare authorities of the Dnipropetrovsk region to provide the applicant with surgical assistance at a civil hospital, as the prison medical facilities were not capable of performing the relevant surgery. There is no information in the case file about the response of the healthcare authorities to that request.

On 19 February 2015 the applicant was seen by a urologist, who recommended surgery.

On 3 March 2015 the applicant was again seen by the prison doctor, who confirmed the diagnosis established on 19 January 2015 and recommended treatment at the Buchanska correctional colony hospital.

On 20 March 2015 the applicant was again seen by the prison doctor in connection with the exacerbation of his urological ailments. The doctor again recommended treatment at the Buchanska correctional colony.

On 23 March 2015 the applicant refused to be treated in the Buchanska correctional colony hospital because, in his view, the facility was not properly equipped to perform the relevant surgery. In his submissions the applicant stated that he had already been in that medical facility twice without success, and his transportation to and from it had caused him severe pain. For the same reasons, he refused to be treated in the medical unit of the Dnipropetrovsk correctional colony where he was serving his sentence.

On 27 March 2015 the applicant was again seen by a doctor in connection with the exacerbation of his urological ailments. He again refused to be treated in the Buchanska correctional colony hospital.

On 12 May 2015 the applicant refused once again to be treated in that hospital for the same reasons as before.

On 1 September 2015 the applicant was urgently taken to Dnipropetrovsk hospital no. 4 in connection with the exacerbation of his urological ailments. He alleges that since he had no money, the hospital staff did not want to provide him with further treatment. According to his medical file, he was given painkillers ( Analginum , No-Spa and magnesium sulfate ) and was returned to the colony.

From 30 November 2015 to 1 February 2016 and from 5 to 25 February 2016 the applicant ’ s urological ailments were treated at the medical unit of the Dnipropetrovsk pre-trial detention centre . He underwent blood and urine tests and had an ultrasound examination. There is no information in the case file about the nature of the treatment he received while in the Dnipropetrovsk pre-trial detention centre. On 25 February 2016 he was transferred to the hospital of the Buchanska correctional colony for additional examination and treatment. On 26 February 2016 he was admitted to the surgical unit of that hospital.

On 17 March 2016 the applicant had an X-ray examination of both kidneys. He was diagnosed with kidney disease and calculi in both kidneys.

On 18 May 2016 the applicant underwent a calicotomy , the removal of the dysfunctional uretic catheter and lithoextraction . The operation was performed at the surgical unit of the Buchanska correctional colony.

At the end of July 2016 the applicant ’ s state of health seriously deteriorated. He suffered a hypertensive crisis and renal insufficiency. By 3 August 2016 his state of health was considered critical.

On 5 August 2016 the penal authorities medical board concluded that the applicant had chronic kidney disease at the fourth stage, chronic renal insufficiency and a number of other slowly developing chronic diseases. The medical board also concluded that the applicant ’ s continued detention could have lethal consequences for him and that a petition for his early release on health grounds should be prepared for examination by the domestic court.

On 22 August 2016 the Irpin City Court of the Kyiv Region noted the applicant ’ s critical state of health, but refused to grant his early release on health grounds because there had been no improvement in his behaviour.

According to a medical certificate issued by the Buchanska correctional colony hospital, allegedly on 15 September 2016, the applicant needed further examination and treatment which it could not provide. It was also concluded that if the applicant was not provided with further treatment at a specialised medical facility, there would be a high risk to his life.

Following an application to the Court, on 21 September 2016 the Court decided, under Rule 39 of the Rules of Court, to indicate to the Government that the applicant should have access to and be provided with the appropriate specialised care needed, including transfer to a specialised medical facility if necessary.

On 23 September 2016 the administration of the Dnipropetrovsk correctional colony asked the Ukrainian Medical Centre for Intensive Therapy and Sepsis in Kyiv to carry out an additional examination of the applicant with a view to deciding on his further treatment.

On 26 September 2016 the Kyiv Regional Court of Appeal quashed the Irpin City Court ’ s decision of 22 August 2016 and ordered the applicant ’ s release on health grounds.

The applicant was released from prison on 27 September 2016.

The applicant has not informed the Court about his current state of health, nor about the treatment he has received since his release.

COMPLAINT

The applicant complains under Article 3 of the Convention that he was not given access to appropriate medical assistance and treatment while in detention.

QUESTION TO THE PARTIES

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