CEDH · CASELAW;COMMUNICATEDCASES;ENG — 16 octobre 2015

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA8776625 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s72C8F48C { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .sA20670C4 { margin-top:12pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s59DEA84 { margin-top:12pt; margin-left:59.5pt; margin-bottom:6pt; text-indent:-17.85pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s2D57E2E { font-family:Arial; font-weight:bold; text-decoration:underline; text-transform:uppercase }     Communicated on 16 October 2015   FIRST SECTION Application no. 38840/14 Andrey Sergeyevich CHIKANOV against Russia lodged on 23 May 2014 STATEMENT OF FACTS The applicant, Mr Andrey Sergeyevich Chikanov, is a Russian national, who was born in 1981 and lives in the town of Dolgoprudniy in the Moscow Region. He is represented before the Court by Ms N. Radnayeva, a lawyer practising in Moscow. The circumstances of the case The facts of the case, as submitted by the applicant, may be summarised as follows. 1.     The applicant’s state of health before his conviction The applicant was a heroin drug addict. In 2000 he was diagnosed with HIV and hepatitis C. In 2003 he underwent a medical treatment for tuberculosis. In 2006 the applicant was diagnosed with phlegmon of the left forearm which resulted in the left brachial plexitis. In 2007 he was assigned with first degree of disability (profound disability). In 2009 the degree of his disability was reduced to the second degree (moderate disability). Following the institution of criminal proceedings against the applicant in 2005, he was detained on remand from 26 to 27 June 2005, from 15 May to 15 July 2009, and from 24 September to 26 May 2010. It appears that each time his release was prompted by medical reasons and the detention authorities’ refusal to hold him custody for a longer period owing to his serious health conditions. On 26 May 2010 the applicant was convicted of having caused grievous bodily harm and of murder. He was sentenced to seven years and three months of imprisonment in a high-security correctional colony. 2.     The applicant’s state of health, his medical treatment and conditions of detention (a)     Transit to a correctional colony On 22 September 2010, during transfer to a correctional colony, the applicant was taken to temporary detention facility no. IZ-69/3 in the Tver Region. On admission he was examined by a medical specialist who sent him to a   Tver Regional Hospital ( ФКЛПУ ОБ УФСИН России по Тверской области ). In the hospital the applicant was diagnosed with HIV infection in stage 4B (severe HIV infection), organic lesion of the central nervous system, paraparesis (partial paralysis) of the lower part of the body, and unspecified dysfunctions of pelvic organs. He was prescribed clinical blood and urine tests, an electrocardiogram examination, and consultations by an otolaryngologist, ophthalmologist, dentist and dermatologist. He was also prescribed medical treatment. On 14 October 2010 the applicant’s blood test showed 36% of CD4 cells. On 7 December 2010 the applicant was sent to temporary detention facility no. IZ-69/1. He was diagnosed with encephalopathy of complex genesis, insignificant paraparesis of legs which affected his ability to walk, HIV infection in stage 4B, chronic hepatitis C, spastic syndrome, and organic personality disorder with abnormalities of emotional-volitional nature and subdepressive syndrome. The applicant was prescribed treatment. (b)     Detention in correctional colony no. IK-55/7 (i)     Medical treatment On 13 December 2010 the applicant was admitted to high-security correctional colony no. IK-55/7 in the town of Rzhev, Tver Region. On his admission to the facility, the applicant underwent a simple medical check-up which confirmed his diagnoses, including the plexopathy of his left shoulder. The applicant was admitted to the correctional colony’s hospital to continue his medical treatment. On 26 April 2011 the applicant was taken to medical centre no. 69 of the Federal Service for the Execution of Sentence following his complaints about severe headache, vertigo, sickness, and numbness in legs and fingers. He was examined by an otolaryngologist, ophthalmologist, dentist and dermatologist and underwent general blood and urine tests. He was prescribed drugs against hypertension. On 24 August 2011, given the doctors’ conclusion that the applicant was in satisfactory health, he was sent back to correctional colony no. IK-55/7. He continued his out-patient medical treatment prescribed by the medical centre. He was given antiepileptic, antidepressant, nootropic medication and vitamins. The next hospitalisation was planned in four or six months. On 23 November 2011 in response to complaints of general weakness and impossibility to move the legs, the applicant was again sent to the medical centre. The applicant was examined by several doctors and underwent a biochemical blood analysis, an electrocardiogram examination and a chest x-ray examination. His general state of health was declared satisfactory, with the specific note that hepatitis was in the stage of remission. He was prescribed a vitamin regimen. In December 2011, on arrival to the correctional colony, the applicant was examined by a medical specialist. His state of health was considered satisfactory. With the applicant having been diagnosed with lymphadenopathy and moderate paresis of fingers, the colony medical personnel continued following the recommendations made by specialists of the medical centre. The applicant was given antiepileptics, antiviral drugs against hepatitis C and hepatoprotectors. In addition he took an anabolic and medication stimulating brain blood circulation. On 14 February 2012 the applicant was provided with a wheelchair. On 23 May 2012 another CD4 cell count test showed the decrease of CD4 cells to 26%. Six months later the applicant was admitted to the medical centre. He complained about weakness, spasms and vertigo. He underwent an electrocardiogram examination and was diagnosed with hypertension. The applicant received treatment against hypertension. On 29 November 2012 CD4 count showed the increase of CD4 cells to 31%. In December 2012 the applicant returned to the correctional colony. On admission, his medical record stated that the HIV infection was in remission at stage 4B. His medical treatment was continued in line with the recommendation of the doctors from the medical centre. On 19 February 2013 the applicant’s diagnosis of HIV at the stage 4B, hepatitis C, flail legs, left shoulder plexapathy with the paresis of the left hand, spasms and encephalomyelopolineuralgia at the second stage led to the authorities’ decision to declare him suffering from first degree of disability (profound disability). A medical commission held that the applicant was unable to take care of himself and therefore he was in need of constant assistance. On 8 April 2013 CD4 count established the decrease of his CD4 cells to 27%. In the end of July 2013 the applicant was again admitted to the medical centre. He complained about infrequent cough and frail legs. The applicant was subjected to an X-ray test, electrocardiogram, electroencephalography, ultrasound examinations and blood tests. He was seen by various medical specialists who concluded that his condition was moderately grave. Following yet another decrease in the CD4 cell count to 24%, the doctors declared that his HIV regressed to the stage of 4A. He was prescribed antiepileptic drugs, vitamins, a nootropic, anticonvulsant drugs, a diuretic, pain killers and drugs stimulating the brain blood circulation. On 9 September 2013 the applicant was sent back to the colony. He was diagnosed with evident leg paraparesis, and spasm syndrome. His HIV remained at the stage of 4A and his hepatitis was at the stage of remission. The applicant was given antiepileptic medications, vitamins, nootropic drugs and an antiviral medicine against hepatitis C, including hepatoprotectors. On 27 May 2013 the percentage of his CD4 cells increased to 30%. On 18 and 25 November, 25 December 2013, 28 April 2014 and 23   May 2014 the applicant was recommended admission to the medical centre, but he refused the transfer. On 27 May 2014 a test revealed no changes in the number of his CD4   cells. On 4 June 2014 the medical centre tested the applicant’s viral load. The results of the test are unknown. (ii)     Conditions of detention In colony no. IZ-55/7 the applicant was detained in dormitory room no.1 measuring ten square metres. According to the applicant, the living space of the room was less than four square metres. The room housed two inmates. It had two beds, a bedside table and an alarm button. There was a window measuring 170 by 170 centimetres and a separated toilet facility with a sink. The colony did not employ any health professionals or specialists able to provide even basic care to seriously ill detainees. The applicant was therefore assisted by his cellmate, who volunteered to take care of him. The inmate washed the applicant, dressed and undressed him, gave him a bedpan and cleaned it after the use. According to the applicant, his cellmate took him for a walk only once a week, to visit a prison shop. (c)     Medical centre no. 69 On 11 August 2014 the applicant was transferred to medical centre no.   69 of the Federal Service for the Execution of Sentences. In the centre the applicant was treated with antiepileptics, anticonvulsants, sedatives, drugs against respiratory problems, antiviral drugs against hepatitis C and hepatoprotectors, antibiotics, vitamins, diuretics and antihypertension drugs A medical commission examined the applicant and issued report no.   1292 on 28 August 2014. The applicant was diagnosed with the 2-stage encephalomyelopolineuralgia, flail legs, plexopathy of the left shoulder and moderate paresis of the left hand, low-frequency spasm syndrome, organic personality disorder of complex genesis leading to personality changes, the HIV infection at stage 3, and hepatitis C. His overall state of health was considered satisfactory. The applicant did not receive highly active antiretroviral therapy during the entire period of his detention. 3.     Applications for early release on medical grounds The applicant lodged a number of applications for an early release on medical grounds. On 20 December 2013 and 1 October 2014 the Rzhev Town Court of the Tver Region dismissed the requests. It found that the applicant’s state of health did not call for his release from detention. 4.     Release on parole On an unspecified date the applicant applied to the Rzhev Town Court of the Tver Region, seeking his release on parole. On 15 January 2015 the court dismissed the applicant’s request. On 7 April 2015 the Tver Regional Court quashed the decision of 15   January 2015 and granted the applicant’s request for parole. On the next day the applicant was released from detention. COMPLAINTS 1.     The applicant claims under Article 3 of the Convention that the authorities has failed to provide him with adequate medical assistance in detention. In particular, that he has no access to highly active antiretroviral therapy. He also claims that the conditions of his detention in correctional colony no. IK-55/7 were not compatible with the requirements of the Convention. 2.     The applicant claims under Article 13 of the Convention that he has had no effective remedy to complain about the lack of adequate medical assistance and conditions of his detention.     QUESTIONS TO THE PARTIES 1.     Taking into account the applicant’s medical history, have the Government met their obligation to ensure that his health and well-being are being adequately secured by, among other things, providing him with the requisite medical assistance as required by Article 3 of the Convention. In particular, has the applicant, as an HIV positive patient, been subjected to regular checks of the viral load? Have the authorities’ considered his placement onto the antiretroviral regimen to treat the HIV infection? If so, why have the treatment not been initiated? The Government are asked to provide a copy of the typed version of the applicant’s entire medical record drawn up after his arrest and up-to-date.   2.     Regard being had to the applicant’s disability and, in particular, his suffering from flail legs and plexopathy, were the conditions of his detention in correctional colony no. IK-55/7 compatible with Article 3 of the Convention?   3.     Did the applicant dispose of effective domestic remedies – as required by Article 13 of the Convention – for his complaint about the lack of effective medical care and conditions of his detention?