Published on 22 November 2021

THIRD SECTION

Application no. 4024/21 Natalya Vladimirovna BAKSHEYEVA against Russia lodged on 9 December 2020 communicated on 2 November 2021

SUBJECT MATTER OF THE CASE

The case concerns the applicant’s allegations that her husband, Mr D.B., who suffered from insulin dependent diabetes and tuberculosis, died in detention because of medical negligence and that the authorities failed to duly investigate the incident.

Mr D.B., who at the time was serving his prison sentence, died on 16 February 2020. Two days thereafter his lawyer asked the investigating authorities to open a criminal case into the circumstances of his death. The authorities several times refused to do so. Each time their refusal was overruled by the supervising authority for being ill-founded. The most recent refusal to open a criminal case, dated 9 October 2020, was overruled on 1 December 2020. The criminal inquiry is still ongoing.

QUESTIONS TO THE PARTIES

1. Has Mr D.B.’s right to life, ensured by Article 2 of the Convention, been violated in the present case? In particular, was he provided with adequate medical assistance during his detention (see Karsakova v. Russia , no. 1157/10, §§ 46-53, 27 November 2014, and Magnitskiy and Others v. Russia , nos. 32631/09 and 53799/12, §§ 256-65, 27 August 2019)?

2. Having regard to the procedural protection of the right to life, did the authorities carry out an effective investigation into the death of Mr D.B., as required by Article 2 of the Convention (see Karsakova , cited above, §§ 54 ‑ 58, and Magnitskiy and Others , cited above, §§ 266-72)?