FIFTH SECTION

Application no. 29273/10 Yevgeniy Anatolyevich LEVCHENKO against Ukraine lodged on 28 May 2010

STATEMENT OF FACTS

The applicant, Mr Yevgeniy Anatolyevich Levchenko , is a Ukrainian national, who was born in 1974 and is currently detained in the Pre-Trial Detention Centre No. 7 (the SIZO) in the Donetsk Region, Ukraine . He is represented before the Court by Mr O. Veremeyenko , a lawyer practising in Kyiv .

The circumstances of the case

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

1. Medical assistance in detention

The applicant submitted that he has been suffering from chronic hepatitis since 1992 and from tuberculosis of the lungs since 1999. He also maintained that since 2006 he has been HIV infected.

On 17 August 2009 the applicant was arrested upon suspicion of having committed theft and placed to the SIZO. Upon his arrival at the SIZO the applicant underwent a medical examination. It was noted that he was suffering from chronic hepatitis and tuberculosis. The applicant also told the doctors that he was HIV positive but, according to his medical file, he refused HIV diagnostics.

In September 2009 the applicant was placed at the special active tuberculosis isolation ward of the SIZO medical unit.

According to the applicant, his state of health had deteriorated since October 2009.

By letter of 26 February 2010 the SIZO Governor requested the first-instance court to accelerate the examination of the applicant ’ s case since the applicant ’ s medical condition deteriorated and he needed second-line drugs, the administration of which is forbidden in the SIZO. It was also mentioned that the applicant was diagnosed with B-20 (clinical stage). According to the applicant, such diagnosis means HIV.

By letter of 17 March 2010 the Donetsk Regional Tuberculosis Hospital refused the SIZO Governor ’ s request to provide second-line drugs to the applicant , allegedly for financial reasons , and proposed instead to bring the applicant to the Hospital to treat him there during the day-time.

By letter of 19 March 2010 the applicant ’ s brother was informed that the applicant ’ s placement at a hospital is planned for 22 March 2010. Apparently, the applicant was not brought to hospital .

On 17 May 20 10 the applicant ’ s brother sen t telegrams to the SIZO and to the Donetsk Regional Court of Appeal requesting to hospitalise the applicant . The applicant also complained to the SIZO Governor about lack of adequate treatment.

On 19 May 2010 G., the applicant ’ s lawyer, requested the court to release the applicant. This request was allegedly refused . The applicant did not submit any copy of the decision taken.

On the same date the applicant was called an ambulance in the course of a court hearing. He was given some painkillers.

On 4 June 2010 the Head of the SIZO medical unit issued a certificate that since 4 June 2010 the applicant has been receiving second-line drugs to treat his tuberculosis.

No further information was submitted by the applicant although in 2013 his lawyer informed the Court that the applicant maintained his application.

2. Conditions of transportation

The applicant submitted that he has been transported to court hearings once a month. The distance between the SIZO and the Novogrodovskiy Court is around 50 kilometres but the trip lasted for 3-4 hours. The applicant was transported together with other detainees despite his critical state of health. He also stated that he did not receive any food in the course of those days.

3. Other conditions of detention

The applicant submitted that he had less than 2 sq.m . of space in his cell. The food was unsatisfactory and his special diet for a tuberculosis infected person was not observed.

B. Relevant international materials

T he Committee for the Prevention of Torture , following the Committee ’ s visit to Ukraine in 2009, noted in its report:

“7 4. At the time of the 2009 visit, the total number of prisoners in Ukraine stood at 145,000 (including 36,000 on remand), compared to some 178,000 at the time of the 2005 visit. Thus, the positive trend towards a reduction of the prison population already noted in the report on the 2005 visit continues. That said , overcrowding persists in remand establishments ...

...

128 . ... The CPT recommends that the Ukrainian authorities make continued efforts to ensure that penitentiary establishments have a sufficient supply of appropriate medication, including second-line drugs for the treatment of tuberculosis, and to introduce better management of the distribution of available drugs to prisoners. ”

COMPLAINTS

The applicant complain ed under Article 3 of the Convention about the conditions of his detention, that he had not been provided with adequate medical assistance in the SIZO and that the conditions of his transportation to the court hearings had been inadequate .

QUESTIONS TO THE PARTIES

1. W as adequate medical treatment and assistance provided to the applicant in detention and was such treatment compatible with the requirements of Article 3 of the Convention?

2 . Were the general conditions of the applicant ’ s detention compatible with Article 3 of the Convention?

3 . Were the conditions of the applicant ’ s transport between the detention facility and the court compatible with Article 3 of the Convention?