The ECHR ordered the Russian government compensation for the two prisoners who died from HIV and cancer
The European court of human rights in Strasbourg on Tuesday, October 4, ordered the government to pay 20 thousand euros in compensation for moral harm to the sister of the prisoner Zabaykalsky colony N5 of Vladimir Klimov, who died in a prison hospital from cancer, and mother a prisoner of the Nizhny Tagil colony Artem Melinskogo, which at the time of arrest, was HIV-positive and died soon after release. This was reported on the website of the human rights organization “Area law”, which brought both cases to court. On the website of the ECHR published solutions for the case of Klimova and in the case Melinskogo.
In the case of Vladimir Klimov, the court concluded that the prisoner had not received any treatment in establishments UFSIN on Transbaikalian edge. The demands of the injured party are satisfied in full, said lawyer Irina Khrunova, who represented the interests of the ECHR sisters Klimov.
The ECtHR emphasized that the Russian government has not fulfilled its obligations under article 34 of the Convention for the protection of human rights (“the Obstruction of the appeal to the ECHR”), namely not promptly sent a sick man to a special hospital and not allowed to see independent doctors.
– The ECtHR found a violation of the rights of the defendant in the “Bolotnaya case” Belousova
Klimov did not receive any treatment in establishments UFSIN on Transbaikalian edge, neither immunotherapy nor chemotherapy nor radiation therapy, according to a decision of the court.
Special attention of the ECtHR drew on the letter of the government of the Russian Federation of 4 December 2014, written four months before the death of Klimov, where with reference to medical documentation, it was stated that the condition of the men is satisfactory, there is no threat to his life.
In April 2012 Vladimir Klimov revealed kidney cancer and had a amputation in the prison hospital. A year later, doctors found that Klimov is suffering the fourth (last) stage of cancer, and stated that he is entitled to an exemption in connection with a serious illness. Ingoda regional court of Chita has satisfied the petition of the prisoner, but the Prosecutor in the appellate court have achieved cancellation of this decision.
The next time the district court refused to release him, rejecting the findings of the medical Board. Six months later, Ingoda district court again granted his request.
In 2014, independent experts of oncological research center named after Blokhin Russian Academy of Sciences has noted that appropriate treatment can extend the life of Klimova and he needs cancer treatment. Medical care in a correctional facility was reduced to taking pain.
The European court demanded that the government of the Russian Federation to provide emergency medical care Klimov and if necessary forward it to the civil hospital. In response, the Russian authorities stated that prisoners are given comprehensive assistance in the colony.
April 8, 2015 Vladimir Klimov died in the prison hospital. The ECHR found his sister by the applicant on the complaint of a violation of article 3 of the Convention on the protection of human rights and fundamental freedoms (regarding the refusal of medical care).
HIV-infected with a bunch of diseases treated with drugs inactive
Head of “Area law” Sergey Petryakov said that 20 thousand was levied of the ECHR in favor of Irina Milenski, mother of Artem Melinskogo, the inhabitant of the Top Pyshma, who in 2012 was arrested on suspicion of a crime. At that time he was already in serious condition – the doctors diagnosed him HIV, pulmonary and extrapulmonary tuberculosis, destroyed the vertebrae in the thoracic and lumbar spine, and chronic hepatitis C.
In January 2013 it became known that tuberculosis in Melinskogo resistant to the drugs he took. However, in medical-correctional facility N51 (LIU-51 GUFSIN of Russia on Sverdlovsk region) over the next four months he was given the same drugs.
In September 2014 the medical Commission recognized the right of Artem Melinskogo for release in connection with a serious illness – after he was convicted. Despite this, the Leninskiy district court of Nizhniy Tagil has not satisfied the petition of the prisoner. His doctor stressed that man can’t take care of themselves, and the prospects for its recovery “very doubtful.”
In April 2015, the ECHR demanded that Melinskogo urgently examined and transferred to civil hospital. In response to the request of the Russian authorities stated that “the volume and quality of treatment in the prison hospital is suitable for the condition of his health”, but admitted that in 2014 the state of men’s health has seriously deteriorated. He, according to the lawyer, dry eyes, could not move himself and ate with other prisoners.
In may 2015, the Leninsky district court of Nizhny Tagil again refused to release Melinskogo. The appellate court in August reversed that decision, and he was released. Five days after the release Milenski got to the tuberculosis clinic and died there October 3, 2015.
The Federal penitentiary service did not provide evidence that Malinski received comprehensive and adequate medical care in her institutions. The ECHR decision noted that provided by the authorities of the Russian Federation of medical documentation contains no analysis of the adequacy of treatment Melinskogo and the compliance of the conditions of his detention and state of health.
The court drew attention to the fact that the Russian authorities are unable to conduct tests on the sensitivity to drugs. This procedure was carried out Malenkomu delayed and undermined prospects for recovery in the first ten months of treatment”.
“I told the mother of John about the decision. She said that with the money put up a monument to his son. It is symbolic that yesterday was a year since the death of Melinskogo. He’s already dead as a free man in his mother’s arms,” – said JustMedia.ru lawyer Alexei Bashmakov.
The European court by this time considered a large number of cases against Russia concerning the inadequate medical support of convicted prisoners, therefore, in all cases require proof of appropriate treatment, which the Federal penitentiary service fails to provide. Petryakov said that this is the first time that compensation. Previously Russia had not been paid compensation, as approved by the ECHR because of lack of money, but after contacting Petryakova to the Prosecutor General of the Russian Federation and the Ministry of justice payments are again resumed.
Organization “Area law” providing legal and informational support to prisoners and defendants, it was founded by the former member of the punk band Pussy Riot Mary Alekhine and Nadezhda Tolokonnikova, who for the performance of the punk prayer in the Cathedral of Christ the Savior in Moscow almost two years from March 2012 to December 2013 held in Russian prisons and colonies and was released on Amnesty.