THIRD SECTION

Application no. 30762/13 Alla IASCININA against the Republic of Moldova lodged on 15 April 2013

STATEMENT OF FACTS

1. The applicant, Ms Alla Iascinina , is a Moldovan national, who was born in 1958 and lives in Bălți , Moldova. She is represented before the Court by Mr P. Zamfir , a lawyer practising in Chișinău .

The circumstances of the case

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

3. The applicant is on trial for trafficking in human beings.

4. On 25 January 2012 the Bălți Court of Appeal decided to remand the applicant for thirty days. The applicant ’ s detention was subsequently prolonged to date by the Bălți District Court.

5. The applicant, diagnosed with diabetes mellitus, is detained in Prison No. 11 in Bălți .

6. According to the applicant, in June 2012 she complained to the Bălți prosecutor ’ s office about the inhuman and degrading detention conditions related to the insufficient medical assistance and to the lack of adequate diet for her health condition.

On 27 July 2012 the applicant received the following answer:

“The investigation into your complaint has revealed that in June 2012 the Bălți prosecutor ’ s office and the General Prosecutor ’ s Office conducted an investigation on detention conditions in Prison no. 11 in Bălți . The prosecutors have found inappropriate the detention conditions for persons diagnosed with diabetes mellitus (lack of adequate food and of medical assistance), which violate the rights of detainees. Based on these conclusions, on 10 July 2012 the General Prosecutor ’ s Office has requested the Ministry of Justice to immediately adopt measures to remove the deficiencies of detention conditions in Prison no. 11 in Bălți .”

7. On 13 July 2012 the applicant repeatedly complained to the Department of Penitentiary Institutions about the lack of improvements in regard to medical assistance and lack of food adequate for her medical condition.

On 6 August 2012 the Department of Penitentiary Institutions replied:

“It has been found that you are under medical surveillance in Prison no. 11 with the diagnosis: “Noninsulin-dependent diabetes mellitus” and receive regular medical treatment for this medical condition, in particular Glibomet . The glucose concentration in your blood is periodically checked.

All detainees in penitentiary institutions are provided with food according to the Government Decree no. 609 of 29.05.2006 ..., approved jointly with the Ministry of Health. This decree does not provide for any special diet for inmates diagnosed with diabetes.

... The Ministry of Justice has requested the Ministry of Health to improve the menu and to amend the Government Decree.

Your health condition is assessed as stable. In case your health condition worsens, you will be provided with medical assistance.”

8. On 2 October 2012 a medical certificate issued by the Bălți Center of Family Doctors stated:

“Diabetes mellitus type 2. Arterial hypertension II-III degree.”

9. The applicant repeatedly complained about the insufficient medical assistance and the lack of adequate diet. On 5 October 2012 the Department of Penitentiary Institutions replied to the applicant ’ s complaints, inter alia :

“It has been found that you ... receive regular medical treatment..., in particular Glibomet , which you have received the last time on 12 September 2012.

The glucose concentration in your blood was checked on 9 August 2012, 15 August 2012, 20 August 2012, and 10 September 2012. According to the clinic protocol of the Ministry of Health, the patient can independently check the glucose concentration 3-4 times per day, using his/her personal glucometer.”

On 30 October 2012 and 9 November 2012 the Department of Penitentiary Institutions replied to the applicant ’ s complaints, inter alia :

“After you were seen by qualified doctors, a diagnosis was established according to which you were prescribed in-patient medical care in the penitentiary hospital, which you have refused. You have been prescribed an outpatient treatment.”

10. On 12 November 2012 the applicant was examined by the prison doctor who confirmed the following diagnosis:

“Diabetes mellitus type 1 insulin dependent. Arterial hypertension II-III degree with high risk. Hypertensive crisis stopped (2012).”

11. An undated transcript of the applicant ’ s medical record from prison stated the diagnosis of “Arterial hypertension III degree evolution in relapse with high additional risk. Diabetes mellitus type 1 insulin dependent, evolution to the phase of decompensation ” and the prescribed treatment: “in-patient treatment, surveillance of endocrinologist and cardiologist. Outpatient bed regime”.

12. A transcript of the applicant ’ s medical record from prison showed that on 17 December 2012 the applicant was prescribed a medication ( Glicomed ), possibly for diabetes; and that on 17 and 22 February 2013 the applicant was consulted by a doctor and prescribed medication essentially for her hypertensive condition.

COMPLAINT

13. The applicant complains under Article 3 of the Convention that the lack of adequate medical assistance and food in Prison no. 11 amounted to inhuman and degrading treatment.

QUESTION TO THE PARTIES

Considering her medical condition, have the Government met their obligation to ensure that that applicant ’ s health and well-being are being adequately secured by providing her with the requisite medical assistance and adequate food in prison (see Barilo v. Ukraine , no. 9607/06, 16 May 2013 ), as required by Article 3 of the Convention ?

The Government are requested to submit a copy of the applicant ’ s medical file and a transcript of it.