CASE OF YUNZEL v. RUSSIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect)
Branko Lubarda;Dmitry Dedov;Georgios A. Serghides;Helen Keller;Helena Jäderblom;Luis López Guerra;Pere Pastor Vilanova
5. The applicant was born in 1967 and until his arrest lived in Menzelinsk, the Tatarstan Republic. 6. In 1999 he was convicted and sent to serve his sentence in a correctional colony. 7. In April 2008 a further set of charges was brought against the applicant. To ensure his participation in the ensuing investigation he was transferred to remand prison no. IZ-16/3 in the Tatarstan Republic (“the remand prison”). On several occasions he was transported to a temporary detention unit at the Naberezhnyye Chelny police station (“the temporary detention unit”). 8. The applicant was detained in the remand prison during several periods between 7 April 2008 and 7 October 2009. At that time he was placed in cells nos. 306, 320 and 512. 9. According to the applicant, for most of the period of his detention, 184 days between 7 April 2008 and 11 February 2009, he was detained alone in cell no. 512. The cell was in a poor sanitary condition and was infested with vermin. The toilet pan was not separated from the living area. The cell was poorly lit and the ventilation system did not function. Metal shutters on the windows blocked access to natural light and fresh air. The cell was not equipped with either a television set or a radio, and newspapers were not available. In the remaining period, until 7 October 2009, the applicant occupied cells nos. 306 and 320. The bedding in those cells was torn and dirty. The cells had no television set or refrigerator. The quality of food in the remand prison was poor. Throughout the entire period of his detention the applicant was allowed access to the exercise yard, which was dirty and dusty, for only fifty minutes a day. 10. During several periods between 23 April 2008 and 21 August 2009, amounting to 207 days in total, the applicant was held in the temporary detention unit. This facility was overpopulated and inmates had no access to outdoor exercise. 11. In October 2008 the applicant complained of toothache to a prison doctor and received painkillers. 12. As the applicant’s suffering continued, on 22 January 2009 an investigator asked the head of the remand prison to arrange for him to be examined by a dentist. A similar request was submitted by the head of the medical unit on 10 February 2009. 13. On 19 May 2009 the custodial authorities transported the applicant to a civilian dentist, who diagnosed chronic pulpitis and periodontitis, and provided some treatment. The dental treatment was not completed. Urgent removal of the applicant’s dental crowns and further treatment with a view to fitting a dental prosthesis were strongly advised. According to the dentist, delay in the treatment could lead to grave complications, such as the loss of the chewing function, osteomyelitis and sepsis. 14. On 25 May 2009 the applicant was taken to a civilian clinic, where a dentist removed his lower dental bridge and one of the problem teeth. The dentist was unable to complete the treatment as the applicant had to be transported back to the detention facility. 15. In June 2009 the applicant brought a civil claim against the prison authorities, seeking dental treatment as advised by the doctor treating him and compensation for non-pecuniary damage. The Naberezhnyye Chelny Town Court dismissed the claim on 19 August 2009, having found that the applicant had been provided with adequate medical assistance. On 17 September 2009 the Supreme Court of the Tatarstan Republic upheld the judgment on appeal. 16. Between 24 December 2009 and 16 March 2010 a civilian dentist removed the dental crowns and bridges from twenty-two of the applicant’s teeth, extracted two teeth, and treated and shaped the remaining teeth for the forthcoming dental restoration work. In a letter to the head of the remand prison dated 30 March 2010, the dentist stressed that it was crucial to ensure that the applicant was transported to the clinic in line with the fixed schedule, starting from 13 April 2010. Failure to do so would entail the necessity to start the treatment anew. The dentist also pointed out that the excessively long time the treatment had taken had already caused substantial suffering to the applicant and increased the risk of digestive problems. 17. Having not been taken to the dentist as recommended, the applicant submitted several requests for the dental treatment, stating that he had lost the ability to chew and in addition to severe teeth pain he started experiencing stomach pain. On 17 June 2010 the authorities gave their approval for the applicant to be transported to the dentist. 18. According to written statements of the applicant’s inmate dated 1 July 2010, the applicant had been tormented by unbearable pain and could not sleep normally for several months. Owing to the constant pain and the lack of teeth the applicant had to refuse prison food for several days. 19. In August 2010 the applicant was taken to a dentist who completed the dental restoration. 20. The applicant complained that throughout the entire period of his dental treatment, when he had been left practically toothless, no alternative soft food had been made available to him.