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PETROV v. BULGARIA

Doc ref: 38419/13 • ECHR ID: 001-159650

Document date: December 3, 2015

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PETROV v. BULGARIA

Doc ref: 38419/13 • ECHR ID: 001-159650

Document date: December 3, 2015

Cited paragraphs only

Communicated on 3 December 2015

FIFTH SECTION

Application no. 38419/13 Petar Hristov PETROV against Bulgaria lodged on 29 May 2013

STATEMENT OF FACTS

1. The applicant, Mr Petar Hristov Petrov , is a Bulgarian national who was born in 1959 and lives in Krapets .

A. The circumstances of the case

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

1. The applicant ’ s detention in Belene Prison

3 . The applicant was detained Belene Prison between an unknown date in November 2011 and 12 September 2013, between 30 November 2013 and 27 November 2014, and between 6 and 22 April 2015.

2. Alleged conditions of the applicant ’ s detention in Belene Prison

4 . During those periods, the applicant shared cells measuring sixteen square metres with eight or nine other inmates, which means that each of them had on average between 1.6 and 1.8 square metres of floor space. The applicant alleges that the cells were stuffy, very hot in summer, and infested with mosquitoes in spring and summer. He also alleges that inmates were not given enough personal hygiene products, cleaning products and utensils, such as buckets, mops and brooms, that food was of poor quality and in insufficient quantity, and that tap water had sand in it.

3. The gangrene in the applicant ’ s left foot

5. It appears that in the course of the applicant ’ s detention in Belene Prison in 2014 medical doctors who examined him recommended that his left foot be amputated. The applicant does not submit more details in respect of that.

6. It appears that at the time of the applicant ’ s incarceration in Belene Prison on 6 April 2015 his diabetes had caused complications, including damage to the peripheral blood vessels in his left foot. The applicant says that shortly after his incarceration he complained of pain in that foot but that the prison medical doctor ignored his complaints until 22 April 2015, when the applicant was sent to Pleven Military Hospital. There, he was diagnosed with diabetes-related gangrene in the left hallux, which was amputated the next day. The applicant was discharged from that hospital on 27 April 2015 in seemingly good condition, and sent to Sofia Prison Hospital. On 7 May 2015 he was however again admitted to Pleven Military Hospital due to pain and blackening of his entire left foot. On 8 May 2015 the second toe and the first two metatarsal bones of that foot were amputated up to the Lisfranc joint. In spite of that, the gangrene was not contained and the necrosis of the applicant ’ s foot continued. On 14 May 2015 the applicant was discharged from Pleven Military Hospital and sent to Sofia Prison Hospital for further treatment. It is not clear whether he was in fact admitted to that latter hospital. It appears that the execution of his sentence of imprisonment was then suspended.

7. On 29 May 2015 the applicant was admitted to Sveta Marina Hospital in Varna, where his entire left foot was amputated the next day. On 3 June 2015 he was discharged from that hospital.

B. Relevant domestic law

8 . The relevant statutory and regulatory provisions and case-law have been set out in detail in paragraphs 19-41 of the Statement of facts and complaints in the case of Dimov v. Bulgaria (no. 77248/12).

COMPLAINTS

9. The applicant complains under Article 3 of the Convention that the conditions of his detention in Belene Prison in 2011-15 amounted to inhuman and degrading treatment.

10. The applicant also complains under Article 3 of the Convention that he was not provided with timely medical care for the gangrene in his left foot.

QUESTIONs TO THE PARTIES

1. Did the conditions of the applicant ’ s detention in Belene Prison during his stays there in 2011-15 amount to inhuman or degrading treatment, in breach of Article 3 of the Convention?

2. Did the prison authorities provide the applicant with timely medical care for the diabetes-related gangrene in his left foot, as required under Article 3 of the Convention? The Government are requested to provide a complete chronological account of the medical treatment provided to the applicant in connection with this medical condition.

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