Communicated on 12 May 2016

THIRD SECTION

Application no. 63149/13

Igor Vladimirovich GOFMAN against Russia lodged on 11 September 2013

and 7 other applications (see list appended)

SUBJECT MATTER OF THE CASE

The applications concern conditions of detention of physically challenged inmates (visual or physical disability) and lack of an effective remedy in Russia to complain about it (akin to Semikhvostov v. Russia , no. 689/12 , 6 February 2014). For additional details see Appendix.

Certain applicants raised an additional complaint related to the quality of the medical assistance provided to them.

COMMON QUESTIONS tO THE PARTIES

1. Regard being had to the applicants ’ physical impairment, were the conditions of their detention compatible with Article 3 of the Convention ( Semikhvostov v. Russia , no. 2689/12 , 6 February 2014) ? In particular,

(a) was it an established practice to keep detainees, suffering from a disability and/or a number of serious illness, in ordinary detention facilities?

(b) what were rules governing detention of physically challenged detainees?

(c) were any specific measures taken by the detention authorities to accommodate the applicant, a detainee suffering from a psychical impairment, and if so, what steps were taken, when and by whom? In particular, have the authorities demonstrated special care in providing the applicants with the equipment (insofar as relevant, such as a wheelchair, incontinence products, a commode chair, a cane, orthopedic wear, etc.) necessary in view of the special needs resulting from the applicants ’ disability throughout all period of his detention?

(d) was the applicant given assistance in exiting/entering buildings within the facility, moving within the colony territory, using canteen, lavatory and washing rooms, etc.; and if so, when and by whom was assistance given, what form did the assistance take, and were any persons, other than those assisting the applicant, present?

2. The Government are requested to comment on all aspects of the conditions of detention which the applicants complained of in respect of the detention facilities indicated in Annex.

The Government are asked to produce documentary evidence, including population registers, the facility and dormitory plans, floor plans, day planning, colour photographs of the dormitory, its lavatory room, the washing room, the canteen, and other facilities frequently used by inmates in their everyday life and, in particular, photographs showing access to those facilities, as well as reports from supervising prosecutors concerning the conditions of detention in relevant detention facility.

3. Did the applicants have at their disposal an effective domestic remedy for the complaints under Article 3, as required by Article 13 of the Convention (see Semikhvostov v. Russia , no. 2689/12 , 6 February 2014) ?

QUESTIONS in respect of individial applications

Applications no. 63149/13 Gofman v. Russia, no. 70080/14 Abubakarov v. Russia and no. 24632/15 Salimsultanov v. Russia

1. The Government are requested to produce a typed copy of the applicant ’ s complete medical record drawn up after his arrest, and, if available, copies of expert reports and secondary opinions from medical specialists assessing the applicant ’ s health, the quality of the treatment afforded to him during the detention and laying down medical procedures which should have been or should be performed to maintain the applicant ’ s health.

2. Taking into account the applicant ’ s medical history, have the authorities met their obligation to ensure that that applicant ’ s health and well-being are being adequately secured by, among other things, providing him with the requisite medical assistance (see McGlinchey and Others v. the United Kingdom , no. 50390/99, § 46, ECHR 2003-V), as required by Article 3 of the Convention, in the present case?

Application no. 10487/15 Klimov v. Russia

Was the decision of Ust-Labinskiy District Court of the Krasnodar Region of 15 December 2014 ordering Medical Sanitary Unit No. 23 of the Krasnodar Region to provide the applicant with the leg prosthesis and other necessary equipment, complied with? The Government are requested to submit confirming documents as regards the enforcement of this decision.

A PPENDIX

No

App. No

Lodged on

Applicant

Date of birth

Physical impairment

complained about

Place of detention

Period of detention

63149/13

11/09/2013

Igor Vladimirovich GOFMAN

21/01/1977

3rd degree disability, malunion of a right femur, right leg is significantly shorter than the left, movement impairment, special orthopaedic wear/shoes and cane are required, hepatitis C

IK-5

Belgorod

2011-pending

67947/13

18/10/2013

Lechi Musayevich DZHANARALIYEV

06/11/1980

Profound sinistral hemiparesis, cephalgic syndrome, movement impairment, wheelchair -bound.

LIU-21

IK-5

Lepley

the Republic of Mordovia

1. 26 August 2008 – 30 March 2010

2. 31 March 2010 – pending

6671/14

16/12/2013

Daniyal Aminovich KASHESHOV

05/06/1981

1st degree disability, wheelchair-bound, lower body paraplegia , left arm is not functional, respiratory impairment, pelvic organs impairment, urinary tract infection, constantly requires catheter and diaper, hepatitis C

IK-5

the Republic of Mordovia

May 2014 - pending

70080/14

30/10/2014

Rizavdi Sultanovich ABUBAKAROV

29/11/1982

Suture sinus on the applicant ’ s right leg

IK-8 (disciplinary ward)

Novosibirsk Region

August 2014-pending

10487/15

08/06/2015

Igor Mikhaylovich KLIMOV

05/10/1970

Leg prosthesis required, orthopedic wear/shoes and other rehabilitation equipment required/should be replaced.

IK-2

Krasnodar Region

2010-pending

13901/15

10/03/2015

Murad Khasyanovich LUKMANOV

04/10/1974

1st degree disability, complete blindness

IK-10

Saratov Region

03/02/2011-pending

24632/15

07/05/2015

Khuseyn Alimpashayevich SALIMSULTANOV

12/12/1981

1st degree disability, restricted motional capacity (posttraumatic paraparesis of lower limbs); wheelchair-bound, urinary illnesses

IZ-1

Dagestan Republic;

IK-2

Tyumen Region;

IK-1

Stavropol Region

14/05/2007 - pending (anticipated date of release – 13/05/2016)

53248/15

14/10/2015

Aleksandr Sergeyevich KONDRASHOV

1st degree disability;

tetraparesis , primarily affecting legs;

catheterised urinary tract

IK-14

Krasnodar region

12/02/2013-pending