CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 juin 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } 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 1976       lack 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 1980     cyst 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 1980 Aleksey 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 1979 Vladimir 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 1986     Hepatitis 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 1990 Anastasiya 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 1985     osteomyelitis 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 1982     hepatitis, 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 1995     HIV/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 1966     urogenital 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 1981     HIV/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 1986     hepatitis 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 1997     unfused 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 1983     bilateral 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 1968     trophic 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 1981     consequences 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 1970     hepatitis 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 1985     HIV/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 1991     Hepatitis 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 1967     lack 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 1979     heart 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 1962 Elza 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 1967 Anastasiya 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 1979     hypertensive 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