Communicated on 17 January 2017

THIRD SECTION

Application no. 47387/15 Mariya Alekseyevna CHERNYSHEVA against Russia lodged on 8 September 2015

STATEMENT OF FACTS

The applicant, Ms Mariya Alekseyevna Chernysheva , is a Russian national, who was born in 1928 and lives in Chelyabinsk. She is represented before the Court by her grandson, Mr A. Shagiakhmetov .

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

The applicant ’ s psychiatric illness confines her to bed. In May 2012 she was assessed with a first-degree (highest) permanent disability. Her individual rehabilitation plan of July 2013 documented her need of three adult nappies a day. The nappies were to be supplied by the Welfare Ministry of the Chelyabinsk Region.

In January 2015 underfunding interrupted the supply of the nappies. By April 2015 the applicant ’ s stock depleted, and her grandson complained to the public prosecutor of the Traktorozovodskiy District of Chelyabinsk. The prosecutor intervened on the applicant ’ s behalf in the courts, and on 19 June 2015 the Central District Court of Chelyabinsk ordered the Ministry to supply the outstanding 240 nappies. That order became binding.

On 1 September 2015 the applicant ’ s grandson complained to the prosecutor again, because the court order was yet to be complied with.

On 9 September 2015 the Ministry supplied 90 nappies.

On 17 September 2015 the applicant ’ s grandson complained to the district prosecutor once again because the Ministry still owed the 240 nappies. On 30 September 2015 the prosecutor refused to take action because in the meantime the Ministry had invited the applicant or her grandson to collect the nappies. The applicant ’ s grandson complained to the Chelyabinsk town prosecutor that the nappies should have been delivered. On 15 October 2015 the Ministry delivered the nappies.

As a regular supply never resumed, the district prosecutor re-applied to the district court. On 21 December 2015 the court ordered the Ministry to supply the outstanding nappies. On appeal, on 24 March 2016 the Chelyabinsk Regional Court clarified that the Ministry owed 450 nappies for the period from 25 July to 21 December 2015. The Ministry refused to deliver the nappies to the applicant ’ s home because they were bulky, the Ministry was short of vans, and was not even obliged by law to deliver. The Ministry invited the applicant ’ s relatives to collect the goods from a warehouse. The applicant complained to the district prosecutor. On 22 April 2016 the prosecutor agreed with the applicant that the Ministry should have delivered the nappies and that the court order of 21 December 2015 was yet to be complied with. The prosecutor promised to censure the Welfare Minister of the Chelyabinsk Region.

COMPLAINT

The applicant complains under Article 3 of the Convention that the erratic supply of the adult nappies degrades her as an invalid. As the Welfare Ministry ignores the court orders, she has to buy the nappies herself. To maintain her tight budget she has to make do with one nappy a day instead of three.

QUESTION TO THE PARTIES

Has the applicant been subjected to degrading treatment, in breach of Article 3 of the Convention?