FIFTH SECTION

Application no. 65567/13 Viktoriya Pavlivna YIZHACHENKO against Ukraine lodged on 17 October 2013

STATEMENT OF FACTS

The applicant, Ms Viktoriya Pavlivna Yizhachenko , is a Ukrainian national, who was born in 1968 and lives in Poltava . She is represented before the Court by Mr O.V. Levytskyy , a lawyer practising in Kyiv .

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

On an unspecified date criminal proceedings were instituted against the applicant on suspicion of several counts of fraud. The applicant deposited a bail as a guarantee for her appearance before the authorities.

On 31 July 2012, during the trial, the Oktyabskyy District Court of Poltava (“the District Court”) changed the preventive measure in respect of the applicant and ordered her detention on remand.

According to the applicant, on 1 February 2013 she was arrested.

On 8 February 2013 she was placed in the Poltava Pre-Trial Detention Centre (“the SIZO”).

On several occasions in spring 2013 the applicant was treated by the in-house doctors of the SIZO as well as by the paramedics, who arrived at the SIZO following emergency calls. The applicant ’ s conditions included, inter alia, hypertonic crisis , stenocardia , cardiosclerosis , cardiac insufficiency .

On 8 May 2013 she was taken to a city hospital with uterine haemorrhage . In the hospital she was diagnosed with fibroma uteri and hemorrhagic syndrome . She underwent surgical treatment on account of those illnesses. Further examinations showed that the applicant suffered from endometrial cancer ( adenocarcinoma corporis uteri ) . Following that treatment, the applicant was returned to the SIZO and placed in the medical unit.

On 6 June 2013 the applicant was registered in the regional oncologic dispensary as a cancer patient with a T1N0M0-stage cancer . S urgery was recommended to the applicant .

I n their letter of 10 June 2013, addressed to the president of the District Court , the Governor of the SIZO and the Head of the medical unit of the SIZO indicated that the applicant needed surgery and long-term anti-cancer conservative treatment in the city hospital. They therefore requested that either the court proceedings be accelerated or the preventive measure in respect of the applicant be changed .

In their letter of 10 August 2013, the Governor of the SIZO and the Head of the medical unit of the SIZO informed the applicant ’ s lawyer that the applicant had refused to undergo the necessary treatment on the ground that she wanted to be examined by doctors from the Kyiv oncology institution. According to the applicant, she was pressured in order to write that statement.

On 13 August 2013 the District Court rejected the applicant ’ s request to be release d from detention.

On 12 September 2013 the applicant was diagnosed with cervical osteochondrosis .

On 8 October 20 1 3 the applicant was brought by ambulance to the city hospital on account of uterine haemorrhage . T he treating doctor confirmed the applicant ’ s diagnosis and the need for surgery. Next day the applicant was returned to the SIZO.

On 16 October 2013 the applicant was examined in the regional oncologic dispensary and surgery in the city hospital was recommended.

On 21 October 2013 the applicant was hospitalised in the regional oncologic dispensary.

COMPLAINT

The applicant complains under Article 3 of the Convention that s he has not been provided with adequate medical treatment during h er detention.

QUESTIONS TO THE PARTIES

Has there been a breach of Article 3 of the Convention on account of the allegedly insufficient medical treatment of the applicant during h er detention?

Did the applicant voluntarily and validly refused to undergo the medical treatment afforded to her?

The Government are invited to provide medical and other relevant material in support of their submissions.