CASE OF URAZOV v. RUSSIA
Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial;Article 6-3-c - Defence through legal assistance);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)
Alena Poláčková;Dmitry Dedov;Helen Keller;Helena Jäderblom;Johannes Silvis;Luis López Guerra;Pere Pastor Vilanova
5. The applicant was born in 1969 and lives in Astrakhan. 6. At approximately 8 p.m. on 15 June 2004 the applicant was arrested on suspicion of attempted fraud. On the same day at 11.37 p.m. criminal proceedings were instituted against him. 7. On 16 June 2004 at 12.58 a.m. a record of the applicant’s arrest was drawn up by the investigator. The record indicated that the applicant’s arrest took place at 11.05 p.m. on 15 June 2004. 8. On 17 June 2004 the Leninskiy District Court of Astrakhan (“the District Court”) authorised the applicant’s detention pending investigation. The court noted as follows: “[The applicant] is charged with a serious offence representing an increased danger to society; the material submitted contains sufficient data about [his] involvement in the crime, including the testimony of the victim ... [The applicant] is an acting police officer, and under such circumstances the court finds that the Prosecutor has made a well-founded argument about the necessity to isolate [the applicant] in view of the risk of [his] absconding and obstructing the establishment of the truth in the early stage of the investigation by putting pressure on witnesses using his [status].” 9. On 25 June 2004 the Astrakhan Regional Court (“the Regional Court”) upheld the above decision on appeal. The appeal hearing was held in the applicant’s absence. The applicant’s lawyer was present. 10. On 13 August 2004 the applicant was informed that the investigation had been completed and that the case file had been submitted to the District Court for trial. 11. In the meantime, on 15 August 2004, the two-month time-limit for the applicant’s detention pending investigation expired. The applicant, however, remained in detention. 12. On 25 August 2004 the District Court scheduled a preliminary hearing and ordered that the preventive measure applied to the applicant should remain unchanged until a date for the opening of the trial had been set. 13. The applicant challenged the above decision in a supervisory review procedure. He argued that since there had been no valid court order authorising his detention from 15 August to 25 August 2004, the decision to retain the custodial measure unchanged had been unlawful. 14. On 9 September 2004 the District Court scheduled the opening of the trial and ordered that the preventive measure remain unaltered. 15. On 16 February 2005 the District Court extended the applicant’s detention pending trial for two months, until 16 April 2005, noting as follows: “[The applicant] is charged with a serious crime, representing an increased danger to society. The crime, according to the charges brought, was committed in abuse of office. So far [the applicant] has not been suspended from [his post]. Under these circumstances, if released, [the applicant] may put pressure on the victim and the witnesses. The sanction for the offence with which [the applicant] is charged varies from 5 to 10 years’ imprisonment; therefore the arguments of the prosecution that [the applicant] may abscond from justice and render the examination of the case on the merits impossible are well-founded.” 16. On 7 April 2005 the District Court dismissed the application for release and extended the applicant’s detention pending trial for another two months, until 16 June 2005. The decision mentioned that an appeal could be lodged within three days to the Regional Court and the applicant appealed. However, on 20 May 2005 the Regional Court discontinued the examination of the applicant’s appeal. Referring to Article 355 § 5 of the Code of Criminal Procedure, the Court held that rulings rendered by a court in the course of the trial were not amenable to separate appeal. 17. On 15 June 2005 the District Court extended the applicant’s detention for three months, until 15 September 2005. The court applied the same reasoning as in its decision of 16 February 2005. On 21 July 2005 the Regional Court upheld the above decision on appeal. 18. On the same day, the Regional Court dismissed the applicant’s application to quash the decision of 25 August 2004 by means of supervisory review. The court held, inter alia, that the applicant’s detention from 16 August to 25 August 2004 had been lawful and that the decision of 25 August 2004 should stand. 19. On 14 September 2005 the District Court, applying the same arguments as in its previous decisions, extended the applicant’s detention until 15 December 2005. During the hearing, the applicant requested that the court let his sister represent him. However, in view of the fact that the applicant was already represented by two professional advocates, the court dismissed the request. On 27 October 2005 the Regional Court upheld the above decision on appeal. 20. On 15 December 2005 the District Court extended the applicant’s detention until 15 March 2006. The court again relied on the gravity of the charges against the applicant, his position and the risk of his putting pressure on the victim and witnesses, and of absconding and obstructing justice. One of the applicant’s lawyers was absent from the hearing. On 26 January 2006 the Regional Court upheld the above decisions on appeal. 21. On 13 March 2006 the District Court extended the applicant’s detention until 15 June 2006, noting that the grounds for detention had not changed. 22. The applicant lodged another application for release, relying on a deterioration of his health and the unavailability of adequate medical assistance in the remand prison. However, on 11 April 2006 the District Court dismissed the application. 23. The applicant appealed, but on 25 May 2006 the Regional Court, relying on Article 355 § 5 of the Code of Criminal Procedure, discontinued the appeal proceedings. 24. On 9 June 2006 the District Court extended the applicant’s detention until 15 July 2006. 25. On 29 June 2006 the District Court convicted the applicant of attempted large-scale fraud in abuse of office and sentenced him to six years and six months’ imprisonment and a fine. During the hearing the applicant was kept in a metal cage. 26. On 11 January 2007 the Regional Court upheld the judgment on appeal. 27. On 27 January 2009 the applicant obtained a conditional early release. 28. From 17 June 2004 to 22 January 2007 and from 5 May 2007 to 25 February 2008 the applicant was held in remand prison IZ-30/1 in the Astrakhan Region. He claimed that the facility had been severely overcrowded and that the cells had been in a poor sanitary condition. 29. In the above periods, the applicant was transported between the remand prison and the District Court on no less than one hundred occasions. He claimed that the conditions of his transport to and from the courthouse had been appalling. 30. Upon the applicant’s arrival at IZ-30/1 remand prison in June 2004 he underwent a mandatory medical examination, including clinical laboratory tests and an examination by medical specialists. No abnormalities were found. The applicant subsequently underwent scheduled health examinations. 31. On 16 April 2006 the applicant sought medical assistance. In connection with this application, on 21 April 2006 he was referred to the prison hospital in IK-2 correctional colony for examination and treatment. The examination showed that the applicant was suffering from the initial stages of a cardiovascular disease. He was prescribed and provided with the necessary treatment and his condition improved. The applicant was discharged on 10 May 2006 in a satisfactory condition with a recommendation to continue outpatient supervision. Upon return to IZ-30/1 the applicant was put under outpatient supervision and given the recommended treatment. 32. From 30 August to 27 September 2006, from 30 May to 29 June 2007 and from 20 July to 27 August 2007 the applicant underwent subsequent scheduled courses of inpatient treatment in IK-2 correctional colony’s prison hospital. The applicant’s health condition remained satisfactory and no complications were noted. 33. Despite the Court’s request to submit a copy of the applicant’s medical file, the Government’s account was not supported by any relevant documents. 34. Several times during his detention in IZ-30/1 the applicant applied for treatment for acute toothache. However, he was informed on each occasion that there was no dentist on the medical staff of the remand prison. In October 2005 a dentist was recruited by the remand prison. The only treatment available was extraction and there was a three-week waiting list. 35. A medical certificate issued by the applicant’s dentist (who had provided dental care to the applicant since 2001, up to his detention) confirmed in January 2009 that there were no traces of dental care having been provided to the applicant in the period between June 2004 and January 2009 and noted a serious worsening of the state of the latter’s teeth. It also stated that the applicant needed treatment for tooth decay (nine teeth) and a dental prosthesis. 36. The applicant also complained on numerous occasions about hypertension. He was given unidentified pills and a prescription for a more effective and costly medicine, with reference to the facility’s lack of finance. The applicant could not afford to buy the medication prescribed. 37. The applicant developed chronic gastritis while in remand prison. 38. At the request of the applicant’s lawyer, on 14 December 2005 the doctor at IZ-30/1 remand prison issued a medical certificate reading as follows: “During his detention in IZ-30/1 [the applicant] repeatedly turned to the medical unit of the [remand prison] for medical assistance. He was examined by a physician and diagnosed with neurocirculatory dystonia of a hypertonic type, and chronic gastritis of type B at the stage of unstable remission. Appropriate treatment was prescribed with the medicine available at the remand prison. Furthermore, a prescription was given to the applicant to purchase more efficient medication. At the present moment [the applicant’s] state of health is relatively satisfactory. In the event of a worsening of his state of health the applicant can be transferred to the regional prison hospital for inpatient treatment.” 39. An ambulance was called for the applicant at the court hearings on several occasions and he was given treatment for high blood pressure. The applicant submitted a medical certificate dated 14 December 2005, which shows that the ambulance was called for him on that date during the court hearing and that he was provided with the necessary medical assistance for a hypertensive crisis. 40. Following numerous complaints about inadequate medical assistance in the remand prison, the applicant was transferred on several occasions to the hospital in the IK-2 correctional colony in the Astrakhan Region. However, no effective treatment was available in the hospital either, because the applicant was not transferred there when his health required, that is following his hypertensive crises, but in accordance with an unclear schedule fixed by the administration of the remand prison. 41. As is apparent from the documents submitted by the applicant in support of his allegations, on 19 September 2006 an inspection of IZ-30/1 was carried out by the prosecutor’s office of the Astrakhan Region. The inspection revealed, inter alia, that there was a problem of deficient health care in the remand prison. 42. The applicant brought the issue of inadequate medical assistance before various domestic authorities, including the head of the remand prison, the Astrakhan regional prosecutor’s office, the Ombudsman and a judge of the District Court, but all to no avail.