CASE OF CHUGUNOV v. RUSSIA
Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition)
Branko Lubarda;Dmitry Dedov;Helena Jäderblom
4. The applicant was born in 1982 and is serving a prison sentence in Donskoy, Tula Region. 5. On 27 June 2005 the Zhukov District Court of the Kaluga Region found the applicant guilty of battery and manslaughter and sentenced him to eleven years and one month’s imprisonment. On 6 September 2005 the Kaluga Regional Court upheld the applicant’s conviction on appeal. 6. On 20 December 2005 the applicant started serving a prison sentence in correctional colony no. IK-1 in the Tula Region. Prior to the applicant’s arrest and conviction, he suffered from duodenal ulcer, chronic bronchitis and high blood pressure. In detention he developed chronic gastritis, hernia of a diaphragm, chronic cholecystitis, lipomas and pilonidal cysts. 7. On 23 January 2012 the applicant was placed in a disciplinary cell. During the day time, the pull-down beds were folded up during the day. The inmates were able either to stand or sit on a metal stool fastened to the floor. The cell was cold and damp. There was no ventilation system. Because of the cracks in the door and windows, there was constant draught. The toilet was separated with a 80-centimetre high partition from the living area of the cell. There was no hot water supply. The applicant was allowed 1.5 hours’ daily exercise and one 30 minutes’ shower per week. 8. On 21 March 2012 the applicant started having a fever resulting from an inflamed pilonidal cyst in the coccyx area. 9. On 22 March 2012 a prison doctor examined the applicant, prescribed him a treatment by antibiotics and pain killers. The doctor also recommended that the applicant consult a surgeon. 10. On 23 March 2012 the head of the correctional colony extended the applicant’s detention in a disciplinary cell for another fifteen days. The prison doctor examined the applicant and concluded that he was fit for detention in the disciplinary cell. He continued the prescribed treatment. 11. On 28 March 2012 the applicant was admitted to a prison hospital at correctional colony no. IK-5. According to the applicant, he was able to consult a surgeon only on 5 April 2012. The applicant’s surgery was scheduled on 10 April 2012. 12. On 8-9 April 2012 the applicant’s cyst opened up and the inflammation stopped. 13. On 18 April 2012 the applicant was released from hospital and transferred back to the correctional colony. 14. On 25 April 2012 the applicant consulted a surgeon and a neurologist at the hospital of correctional colony no. IK-2. He was prescribed medication for high blood pressure. The surgeon recommended that the applicant undergo a surgery in connection with the pilonidal cyst. 15. From 14 to 30 August 2012 the applicant underwent additional examination and treatment at the surgical division of the hospital at correctional colony no. IK-5. According to the doctors who treated the applicant, no surgery was required. 16. According to the applicant, on 5 June 2012 the applicant was summoned by the head of the operations division of the colony. There were several officers present in the office. They advised the applicant to withdraw his application before the Court. They threatened him that, should he choose to pursue his application, he would be serving the rest of his sentence in a disciplinary cell without family visits and he could be charged with another offence. The applicant complied. He signed a letter. It was stamped by the colony and dispatched to the Court on 6 June 2012. 17. On 14 June 2012 the applicant wrote another letter to the Court wherein he asked the Court to disregard his previous letter that he had had to write because of the pressure put on him by the administration of the colony. 18. On 25 June 2012 the Court received the applicant’s letter wherein he asked for withdrawal of his complaint. The letter bore a stamp of the correctional colony and a number attributed to by the administration.