FIFTH SECTION

Application no. 25725/09 Eduard Lvovich SOLOVEYCHIK against Ukraine lodged on 30 March 2009

STATEMENT OF FACTS

The applicant, Mr Eduard Lvovich Soloveychik , is a Ukrainian national, who was born in 1981 and is currently detained in Donetsk .

By judgment of 3 April 2007, the Donetsk Regional Court of Appeal, acting as a first-instance court, found the applicant guilty of murder of two persons and robbery and sentenced him to life imprisonment.

On 20 March 2008 the Supreme Court upheld the ju dgment of 3 April 2007 in the presence of the applicant and his lawyer.

The applicant ’ s numerous requests to the courts and prosecutors for extraordinary review of his case were to no avail.

From the moment of his arrest on 25 July 2006 he was held in very poor conditions in the Donetsk SIZO no. 5. After arrest he was tested HIV positive and he also had tuberculosis.

On 10 September 2008 the applicant was moved to the Kherson prison No. 61 to undergo medical treatment for tuberculosis. After successful treatment, he was returned to the Donetsk SIZO no. 5 on 17 April 2011.

Since April 2011 he has been held in the Donetsk SIZO in appalling conditions. He shares a cell of 5 square metres with another prisoner. The cell is situated in the cellar, there is no ventilation. The cell is very humid and cold and infested with insects and rodents. The light is very weak.

The applicant suffers from numerous diseases and does not receive any medical treatment, except for the antiviral therapy for his HIV. The food in the SIZO is of poor quality.

COMPLAINTS

The applicant complains under Article 2 of the Convention that his life is in danger as he is HIV infected. He further complains under Article 3 about conditions of his detention in the Donetsk SIZO no. 5. Under Article 6 § 1 he complains about unfairness of the criminal proceedings against him and about the refusal of the domestic authorities to review his case.

QUESTIONS TO THE PARTIES

1. Is Article 2 of the Convention applicable in the present case? Having regard to the applicant ’ s HIV status, do the conditions of his detention pose a risk to his health and life expectancy? In particular, are the standards of hygiene, nutrition and warmth that are provided to him appropriate to his condition? Are the authorities doing all that can reasonably be expected of them to prevent the risk of the applicant ’ s death?

2. Is the applicant subjected to inhuman and degrading treatment, in breach of Article 3 of the Convention? In particular, are the conditions of his detention and medical treatment in Donetsk SIZO no. 5 in breach of that provision?