Published on 26 June 2023

FIRST SECTION

Application no. 11439/21 Aleksey Nikolayevich KIRILLOV against Russia and 23 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 1 June 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.

In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.

In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).

For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website .

SUBJECT MATTER

The applications concern complaints raised under Article 3 and Article 13 of the Convention relating to inadequate medical treatment in detention and the lack of any effective remedy in domestic law which are the subject of well-established case law of the Court (see Blokhin v. Russia [GC] , no. 47152/06, §§ 120-50, ECHR 2016, Reshetnyak v. Russia, no. 56027/10, §§ 49-101, 8 January 2013 and Koryak v. Russia, no. 24677/10, §§ 70-110, 13 November 2012).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 3 and Article 13 of the Convention (inadequate medical treatment in detention and the lack of any effective remedy in domestic law)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Principal medical condition

Shortcomings in medical treatment

Dates

Other complaints under well-established case-law

11439/21*

01/02/2021

Aleksey Nikolayevich KIRILLOV

1976lack of teeth, gastritis, amputated foot

lacking/delayed diet, failure to provide the applicant with new feet prosthesis (2 items), lacking/delayed drug therapy

16/08/2018 - 05/10/2021

3 year(s) and 1 month(s) and 20 day(s)

during his detention in IK-8 Komi Republic

Art. 3 - inadequate conditions of detention during transport - from 23/11/2020 to 08/12/2020, van, train, from IK-8 (Ukhta) to SIZO-1 (Syktyvkar) (about 300 km,

10 hours by train): 0.3 sq. m of personal space per detainee, bunk beds, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, lack or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, no or restricted access to warm water, overcrowding, the applicant is a disabled person - no facilities for disabled persons, no facilities to ensure safety of passengers, lack of or insufficient electric light, no special food provided required in view of the applicant’s condition,

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,

Art. 3 - inadequate conditions of detention of disabled inmates - The applicant complains about lack of special conditions for disabled detainees (toilets, bathing facilities), failure to provide him with special shoes suitable for feet prosthesis

19877/21*

21/10/2020

Todzhidin Kudratovich KHAYDAROV

1980cyst of left testicle

lack of/ delay in surgery, cyst of the left testicle

25/05/2021 - pending

on the date when the application was lodged with the Court

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

20618/21*

21/03/2021

Sergey Anatolyevich FEDENEV

1980Aleksey Nikolayevich Laptev

Moscow

retinal dystrophy and disinsertion of both eyes

lack of/delay in medical examination, lack of/delay in medical testing, delay in ophthalmological surgery leading to blindness

21/02/2014 - pending

on the date when the application was lodged with the Court

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

25465/21*

30/04/2021

Aleksandr Vitalyevich ZUBAREV

1979Vladimir Yuryevich Protasov

Yoshkar - Ola

chronic osteomyelitis of the sternum, encephalopathy, other illnesses: HIV (III stage), hepatitis, hernia, peptic ulcer, meniscectomy, catarrhal esophagitis

delayed surgery (since 2018), lacking/delayed drug therapy

03/12/2018 - pending

on the date when the application was lodged with the Court

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

33612/21*

05/03/2021

Vyacheslav Ivanovich TRIKOZ

1986Hepatitis C

lack of/delay in medical testing, lacking/delayed drug therapy

21/01/2015 - 07/05/2018

3 year(s) and 3 month(s) and 17 day(s)

The domestic courts acknowledged the delayed testing and lack of drug therapy and awarded the applicant RUB 10,000 (EUR 140).

Final decision by the Russian Supreme Court on 21/07/2021.

38023/21*

07/07/2021

Idris Anzurovich MEZHIDOV

1990Anastasiya Vladimirovna Kopteyeva

Chita

tuberculosis

lack of/delay in medical testing, lacking/delayed drug therapy, lack of/delay in medical examination

01/10/2013 - 28/03/2018

4 year(s) and 5 month(s) and 28 day(s)

Compensation was granted to the applicant for shortcomings in treatment in the amount of RUB 20,000 (EUR 260), the final decision by the Russian Supreme Court on 28/01/2021.

42885/21*

07/12/2021

Dmitriy Failovich RAIMOV

1985osteomyelitis of the upper jaw on the right (in the area of

11-15 teeth)

lack of/delay in consultation by a specialist, delay in conducting an operation

01/11/2018 - pending

on the date when the application was lodged with the Court

The applicant lodged a civil claim for compensation for non-pecuniary damage caused by poor quality of medical assistance in detention and the Oktyabrskiy District Court of Murmansk confirmed inadequate medical treatment and awarded the applicant RUB 100,000 (approximately EUR 1,300) of moral damages. Upheld by the Third Cassation Court on 21/06/2021.

46273/21

05/07/2021

Ruslan Alekseyevich KUZIVANOV

1982hepatitis, HIV/AIDS

lack of/delay in medical examination, lack of/delay in medical testing

22/10/2016 - 30/05/2019

2 year(s) and 7 month(s) and 9 day(s)

The applicant claimed compensation before the domestic courts and was awarded with RUB 15,000 (approximately EUR 170). Supreme Court of the Republic of Komi, 17/05/2021.

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

48816/21*

25/01/2022

Anton Aleksandrovich VAKHRUSHEV

1995HIV/AIDS

lacking/delayed drug therapy, lack of/delay in medical examination, lack of/delay in medical testing

19/03/2021 - pending

on the date when the application was lodged with the Court

52092/21*

01/10/2021

Aleksandr Vasilyevich TURYEV

1966urogenital system diseases

lack of/delay in consultation by a specialist, lack of/delay in medical examination, lack of/delay in medical testing, failure to conduct a surgery, shortcomings in medical treatment led to loss of a kidney

26/09/2014 - 21/09/2018

3 year(s) and 11 month(s) and 27 day(s)

The applicant’s claim for compensation of moral damage caused by poor medical help in detention, poor conditions of detention and placement into a remote detection facility was granted in part, the applicant was awarded RUB 700,000 (on account of poor medical help; approximately EUR 8,000). Fifth Cassation Court annulled the first instance judgement, in so far it concerned the refusal to compensate lost income and sent the case for re-examination. The Supreme Court of Russia on 30/08/2021 upheld the judgements of lower court, in so far, they concerned the reminder of the issues.

56942/21

17/01/2022

Yevgeniy Vitalyevich SIMUSEV

1981HIV/AIDS, hepatitis C

lack of/delay in medical examination, lacking/delayed drug therapy, lack of/delay in medical testing

30/03/2018 – pending

on the date when the application was lodged with the Court

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

58071/21

08/11/2021

Ruslan Rafailovich BAGAUTDINOV

1986hepatitis C

lack of/delay in medical examination, lack of/delay in medical testing, lack of/delay in consultation by a specialist

01/01/2013 - pending

on the date when the application was lodged with the Court

The applicant lodged civil proceedings against FSIN seeking compensation for their failure to provide the necessary medical care. On 18/05/2021, the domestic courts ruled in favour of the applicant, found shortcomings in medical treatment and awarded him RUB 40,000 (~ EUR 500) (upheld on appeal, 19/08/2021, Supreme Court Komi Republic); Final decision: 20/04/2022, Russian Supreme Court.

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

59472/21*

17/11/2021

Vladislav Vitalyevich MOCHALOV

1997unfused fracture of clavicle

lack of/delay in consultation by a specialist, lack of/delay in medical examination

21/09/2020 - pending

on the date when the application was lodged with the Court

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

59541/21*

13/11/2021

Anatoliy Yuryevich MEDNIKOV

1983bilateral sensorineural hearing loss

(4 stage - right ear; 3 stage - left ear)

lacking/delayed drug therapy, no hearing aid was provided

27/10/2016 - pending

on the date when the application was lodged with the Court

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

61009/21*

01/11/2021

Oleg Igorevich GONOSHILOV

1968trophic ulcer after amputation, atherosclerosis, hepatitis C

lack of/delay in medical examination, lacking/delayed drug therapy

13/09/2018 - pending

on the date when the application was lodged with the Court

147/22*

13/12/2021

Yuriy Viktorovich ANTONETS

1981consequences of spinal fracture

lack of/delay in consultation by a specialist, lack of/delay in medical examination, lacking/delayed drug therapy

18/09/2018 - pending

on the date when the application was lodged with the Court

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

8889/22*

19/01/2022

Vladimir Nikolayevich SHILOV

1970hepatitis C

lack of/delay in medical testing, lacking/delayed drug therapy, lack of/delay in medical examination

08/10/2016 - pending

on the date when the application was lodged with the Court

10012/22

31/01/2022

Pavel Igorevich GOMASKO

1985HIV/AIDS, stage 3

lack of/delay in consultation by a specialist, in particular, an infectious disease physician, lacking/delayed drug therapy

09/03/2013 - 15/07/2016

3 year(s) and 4 month(s) and 7 day(s)

The applicant lodged a civil claim for compensation. On 27/05/2020 the Sovetskiy District Court of Novosibirsk found that the applicant did not receive the necessary treatment and awarded him RUB 40,000. Upheld by the Supreme Court on 05/08/2021.

pending on the date when the application was lodged with the Court

14051/22

07/02/2022

Sergey Aleksandrovich PLESHEV

1991Hepatitis C

lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy

01/03/2017 - pending

on the date when the application was lodged with the Court

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

20556/22*

19/12/2021

Aleksandr Vladimirovich KHLEBNIKOV

1967lack of teeth

lack of/delay in medical treatment

04/02/2011 - pending

on the date when the application was lodged with the Court

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

22763/22*

21/03/2022

Leonid Sergeyevich LEBEDEV

1979heart condition, congenital heart disease, bicuspid aortic valve

lack of/delay in consultation by a specialist, lack of/delay in medical examination

23/01/2020 - pending

on the date when the application was lodged with the Court

33267/22

17/06/2022

Sergey Borisovich NEKLYAYEV

1962Elza Albertovna Valiyeva

Nizhniy Novgorod

physical injury

lack of/delay in medical examination, the ambulance was not allowed to visit the applicant, no x-ray of his broken right arm was carried out following the applicant’s alleged ill-treatment

06/05/2020 - 12/05/2020

7 day(s)

The applicant brought proceedings under the CAP arguing lack of medical assistance. Final decision by the Russian Supreme Court on 12/02/2022

Art. 3 – ill-treatment by State agents and absence of effective investigation into the events in question - At around 17:50 on 05/05/2020 / Nizhniy Novgorod / Police officers oof Police Department no. 5 in Nizhniy Novgorod

According to the applicant, he was arrested on the ground that he did not have a QR-code necessary to leave home during COVID epidemy. He refused to get into the police van and was pushed down to the ground. The police officers put handcuffs on him, raised him and forced to the van. Several refusals to initiate criminal proceedings. 16/08/2022 Sovetskiy District Court of Nizhniy Novgorod, proceedings terminated due to quashing of one of the refusals to open a criminal case of 17/02/2022

Forensic medical examination log no. 872, record made on 06/05/2020 (elbow joint of right arm swollen, bruised right eye), medical certificate of 13/05/2020 (broken right elbow)

37193/22

21/07/2022

Gogita Anzorovich GVISHIANI

1967Anastasiya Vladimirovna Kopteyeva

Chita

HIV/AIDS, hepatitis C, chronic obstructive lung disease

lack of/delay in medical testing, lacking/delayed drug therapy, lack of/delay in consultation by a specialist

09/02/2015 - 07/11/2019

4 year(s) and 8 month(s) and 30 day(s)

The applicant lodged a tort claim asking for compensation for damages caused by the lack of medical services in detention. The courts acknowledged the violation regarding the period between 09/02/2015 and 07/11/2019. The applicant was awarded RUB 60,000 (approximately EUR 800). Final decision by the Russian Supreme Court on 21/01/2022

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention

4787/23

09/01/2023

Vladimir Vladimirovich YAKUSHEV

1979hypertensive heart disease, chronic hepatitis C

lack of/delay in medical testing, lacking/delayed drug therapy

06/02/2017 – pending

on the date when the application was lodged with the Court

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention