Prison inmate denied appropriate medical treatment (ECHR)

21 October 2010, Strasbourg (Ref: Applic. 43374/02). The Court upheld a claim brought by a Ukranian national serving a life sentence for murder and robbery, that he was denied adequate medical care in detention. On this matter, applicant relied, successfully, on article 3 ECHR (prohibition of unhuman or degrading treatment).

The Court described its position on the question of accepted standards of medical care in detention, in the following terms:

'The Court’s assessment

89.  The Court has emphasised on a number of occasions that the health of prisoners has to be adequately secured (see Kudła v. Poland [GC], no. 30210/96, § 94, ECHR 2000-XI). However, the Court has also held that Article 3 of the Convention cannot be interpreted as securing to every detained person medical assistance of the same level as “in the best civilian clinics” (see Mirilashivili v. Russia (dec.), no. 6293/04, 10 July 2007). It further held that it was “prepared to accept that in principle the resources of medical facilities within the penitentiary system are limited compared to those of civil[ian] clinics” (see Grishin v. Russia, no. 30983/02, § 76, 15 November 2007). On the whole, the Court reserves sufficient flexibility in defining the required standard of health care, deciding it on a case-by-case basis. That standard should be “compatible with the human dignity” of a detainee, but should also take into account “the practical demands of imprisonment” (see Aleksanyan v. Russia, no. 46468/06, § 140, 22 December 2008).

90.  Other relevant principles determined by the Court in its case-law as regards Article 3 of the Convention in respect of medical treatment in detention are summarised in the case of Ukhan v. Ukraine (no. 30628/02, §§ 73-74, 18 December 2008).'

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