CEDH · CASELAW;COMMUNICATEDCASES;ENG — 15 avril 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } Published on 6 May 2024   FOURTH SECTION Application no. 14875/23 Sergey GRIGORYAN against Armenia lodged on 11 April 2023 communicated on 15 April 2024 SUBJECT MATTER OF THE CASE The applicant suffers from a severe type of diabetes mellitus (type 2) with severe course and complications that qualifies him for permanent disability benefit. Since 2016 he has been serving a thirteen years’ sentence of imprisonment for murder and possession of illegal weapon. In May 2022 an Inter-Agency Medical Commission (“the medical commission”) concluded that the applicant’s disease was included in the list of diseases incompatible with serving a prison sentence set out in Government decree no. 825-N of 26 May 2006 and that his medical treatment could not be ensured while in custody. Based on that conclusion and several other medical reports, the prison administration requested, and a first-instance court ordered, the applicant’s early release on compassionate grounds in view of his limited mobility and urinary incontinence, his need for special, intensive care on a daily basis, including daily administration of multiple medications, his special dietary needs and other factors that led to a considerable deterioration of his health. Following his release on 31 May 2022, by a decision of 12 December 2022 the Criminal Court of Appeal quashed the lower court’s order holding that the applicant’s treatment available inside and outside the prison would be the same (the court also referred to the gravity of offence). On 28 March 2023 the Court of Cassation declared the applicant’s appeal on points of law inadmissible for lack of merit. On 11 April 2023 the applicant was hospitalised with a life-threatening cardiovascular condition. Ten days later he was discharged and diagnosed, inter alia , as being at a very high cardiovascular risk. The applicant was re-incarcerated on 5 May 2023. He was placed in a “punishment cell” of Armavir penitentiary facility where he stayed until 26   June 2023 when he was transferred to Vardashen penitentiary facility and placed in a medical unit. On 18 July 2023 the applicant asked for another medical commission to convene in order to assess his health anew. In reply, he was informed that the medical commission’s conclusion of 17 May 2022 mentioned above still stood. His subsequent request that the Vardashen penitentiary facility request a court order for his release was refused on account of the fact that there was no conclusion by the inter-agency medical commission. The proceedings, initiated at the applicant’s request on 26 December 2023, for a court order for his early release on compassionate grounds are still pending. The applicant complains under Article 3 of the Convention that his continued detention amounts to inhuman and degrading treatment due to (1) a lack of requisite medical care in custody; (2) a lack of assistance concerning his daily needs; (3) poor conditions of detention in Armavir penitentiary facility (scarcity of hot water, difficulties related to the use of the shower and toilet facilities (“Asian” style) not adapted to his health condition and reduced mobility) and the Vardashen penitentiary facility (inadequate toilet facilities); and (4) a lack of dietary food prescribed to him as a diabetic. In particular, he alleges that he did not receive timely and adequate medical therapy and other routine medical procedures that resulted in a deterioration of his health.   QUESTIONS TO THE PARTIES Has the applicant been subjected to treatment contrary to Article 3 of the Convention (see Grimailovs v. Latvia , no. 6087/03, §§ 150-62, 25 June 2013; D.G. v. Poland , no. 45705/07, §§ 141-77, 12 February 2013; Shirkhanyan v.   Armenia , no. 54547/16, §§ 149-74, 22 February 2022)? In particular:   (a)   Has the applicant received and does he currently receive prompt and adequate medical assistance in detention, including the medication prescribed, as well as assistance with the daily administration of that medication and other routine medical procedures?   (b)     Have the conditions of detention in Armavir and Vardashen penitentiary facilities, following the applicant’s re-incarceration on 5 May 2023, been compatible with his health and his daily needs?   (c)     Has the applicant been provided with dietary food prescribed to him since his re-incarceration on 5 May 2023?   The Government are requested to provide a full and legible copy of the applicant’s medical file.