CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 22 février 2022

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display:inline-block } .s6B870CDD { width:153.11pt; display:inline-block } .s5D826FD4 { width:25.88pt; display:inline-block } .s1B61D60 { width:156.43pt; display:inline-block }   FOURTH SECTION CASE OF SHIRKHANYAN v. ARMENIA (Application no. 54547/16)     JUDGMENT   Art 13 (+ Art 3) • Art 3 (substantive) • Degrading treatment • Inadequate medical care, assistance and opportunity for outdoor exercise for detainee with health issues • No effective domestic remedy Art 5 § 3 • Reasonableness of pre-trial detention • Failure to provide relevant and sufficient reasons when ordering and extending detention Art 34 • Hinder the exercise of the right of petition • Authorities’ refusal to allow private meetings between applicant and his Court representatives • Alleged non-compliance with interim measure for immediate provision of adequate medical assistance not substantiated   STRASBOURG 22 February 2022   FINAL   22/05/2022   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Shirkhanyan v. Armenia, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Yonko Grozev, President,   Tim Eicke,   Armen Harutyunyan,   Gabriele Kucsko-Stadlmayer,   Pere Pastor Vilanova,   Jolien Schukking,   Iulia Antoanella Motoc, judges, and Ilse Freiwirth, Deputy Section Registrar, Having regard to: the application (no.   54547/16) against the Republic of Armenia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Armenian national, Mr Vahan Shirkhanyan (“the applicant”), on 16   September 2016; the decision to give notice of the application to the Armenian Government (“the Government”); the decision of 16 November 2016 to grant priority treatment to the application under Rule 41 of the Rules of Court; the decision of 9 November 2017 to indicate an interim measure to the respondent Government under Rule 39 of the Rules of Court; the decision of 11 December 2018 to lift the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court; the parties’ observations; Having deliberated in private on 1 February 2022, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The case concerns the applicant’s complaints that the authorities failed to provide him with adequate medical treatment and care while in detention, that his pre-trial detention was not based on “relevant” and “sufficient” reasons, and that he was denied private meetings with his representatives before the Court. He also complained of the lack of effective remedies in relation to his complaints concerning the lack of requisite treatment and care in detention. The applicant relied on Articles 3, 5 § 3, 13 and 34 of the Convention. THE FACTS 2.     The applicant was born in 1947 and lives in Yerevan. He was represented by Ms A. Maralyan and Ms   K.   Moskalenko, lawyers practising in Strasbourg. 3.     The Government were represented by their Agent, Mr G. Kostanyan, and subsequently by Mr Y. Kirakosyan, Representative of the Republic of Armenia before the European Court of Human Rights. 4.     The facts of the case, as submitted by the parties, may be summarised as follows. 5.     The applicant was the Deputy Minister of Defence for Armenia from 1995 to 1999. He formerly held other high-ranking positions in the Armenian Government. 6 .     Prior to being remanded in custody the applicant had undergone two operations. In May 2013 two veins had been removed from his right leg in V.   Avagyan Medical Centre and in spring 2015 he had undergone surgery on his kidney. The applicant also had arterial problems in his left leg. The applicant’s arrest and detention 7.     On 24 November 2015 the National Security Service (“the NSS”) arrested an armed group in Yerevan. On the same date the NSS instituted criminal proceedings against A.V. for having allegedly formed and led a criminal organisation. 8.     On 19 December 2015 the applicant was arrested by NSS officers on suspicion of participating in said criminal organisation. 9.     On the same date the applicant was questioned as a suspect and stated, inter alia , that he had become acquainted with A.V. when, at some point, the latter was introduced to him by a mutual acquaintance. He categorically denied having known anything about A.V.’s alleged criminal activity. 10.     On 21 December 2015 the applicant was charged under Article   223 §   2 of the Criminal Code (participation in a criminal organisation). 11.     On the same date the investigator submitted a request before the Kentron and Nork ‑ Marash District Court of Yerevan (“the District Court”) seeking to have the applicant detained for a period of two months on the grounds that he might abscond and obstruct the investigation. The request also referred to the nature and gravity of the charges. 12.     Later on the same date, at the hearing before the District Court, the applicant argued that no evidence had been produced to substantiate that there were grounds to believe that he would hide from the investigating authority. He had been at liberty for about a month after the discovery of the criminal organisation at issue and had had every possibility to go into hiding. Moreover, he had described the circumstances in which he had come to know the other accused in the case and he also had health problems and a permanent place of residence. 13 .     By a decision of the same date the District Court decided to allow the investigator’s application, finding that the circumstances of the case and the evidence obtained provided sufficient reasons to believe that, if the applicant remained at large, he could obstruct the proceedings. 14 .     On the same date the applicant was admitted to Yerevan-Kentron detention facility. 15.     On 25 December 2015 the applicant lodged an appeal against the detention order of 21 December 2015 (see paragraph 13 above). 16 .     By a decision of 22 January 2016 the Criminal Court of Appeal (“the Court of Appeal”) upheld the decision of 21 December 2015 (see paragraph   13 above). 17 .     On 9 February the investigator sought a two-month extension of the applicant’s detention on the ground that it was necessary to continue the investigation and to conduct interviews, confrontations and examinations. 18 .     On 14 February 2016 the District Court decided to extend the applicant’s pre-trial detention by two months on the same grounds as those stated in its decision of 21 December 2015 (see paragraph 13 above) and with reference to the reasons stated in the investigator’s request (see paragraph 17 above). 19 .     The applicant lodged an appeal, which was rejected by the Court of Appeal on 12 March 2016. 20 .     On 6 April 2016 the applicant lodged an appeal on points of law against the decision of the Court of Appeal of 12 March 2016. 21 .     The investigator applied for extensions of the applicant’s pre-trial detention at two-month intervals. Those applications were granted by the District Court on 13 April, 14 June, 11 August and 12 October 2016 on the grounds that he could obstruct the investigation, hide from the investigating authority and evade criminal liability. The applicant’s appeals to the Court of Appeal and his further appeals to the Court of Cassation remained unsuccessful. 22 .     On 21 October 2016 Judge A. of the District Court took over the case. 23 .     On 24 November 2016 Judge A. made a decision to set the case down for trial whereby he decided, inter alia , to leave the applicant’s preventive measure unchanged stating that it continued to be necessary. The applicant’s appeals against this decision were also unsuccessful. 24.     The applicant’s subsequent requests to be released from pre-trial detention were rejected by the District Court’s decisions of 1 September and 3   November 2017. His appeals against those decisions were not examined on the grounds that the decisions in question were not subject to appeal. The applicant’s state of health while in detention 25 .     On 30 January 2016 the applicant’s lawyer applied to the investigator, seeking permission to transfer the applicant to V. Avagyan Medical Centre to undergo examination and urgent surgical intervention in view of the deterioration of his health due to the presence of thrombosis in his left leg. 26.     By a decision of 3 February 2016 the investigator rejected the application and referred the arguments concerning the applicant’s state of health to the administration of the detention facility. 27 .     On 8 February 2016 the applicant’s lawyer applied to the Head of the Penitentiary Service of the Ministry of Justice (“the Penitentiary Service”) for the applicant’s urgent transfer to V. Avagyan Medical Centre due to a drastic deterioration in his health as a result of the progress of the thrombosis in his left leg. 28 .   In reply, on 12 February 2016 the applicant’s lawyer was informed that on 2 February 2016 the applicant had been examined by a surgeon who had recommended a duplex scan of the lower limbs. On 5 February 2016 the Head of the Penitentiary Service had applied to the Minister of Health to organise the recommended medical examination under the public healthcare system. 29 .   On 15 February 2016 the applicant underwent a duplex scan of the lower limbs. 30.     On 16 February 2016 the applicant was examined by a vascular surgeon from the Armenia Medical Centre who visited him in the detention facility. According to the relevant records, the applicant did not need surgery and conservative treatment with medication was prescribed. 31 .     On 10 March 2016 the applicant asked to be examined by his doctor. 32 .     On 17 March 2016 the applicant’s doctor was allowed to visit him. The doctor recorded that the applicant complained of pain, fatigue and numbness in the lower limbs. He recommended that the applicant undergo arterial duplex scanning of the lower limbs in order to obtain accurate data concerning his state of health. 33 .     On 18 March 2016 the applicant’s doctor visited him again and ordered his urgent transfer to hospital by ambulance. On the same day the applicant underwent surgery in V. Avagyan Medical Centre. A vascular filter was implanted to prevent the progress of thrombosis in his left leg. 34 .     On 21 March 2016 the applicant was taken back to the detention facility. The applicant’s discharge record stated he was being transferred to the Yerevan-Kentron detention facility for continued further treatment. Surveillance by an angiologist, a duplex scan after three months, a chest X ‑ ray after two weeks and certain medication as well as elastic bandaging were recommended. 35.   According to the applicant, he did not receive adequate post ‑ operative care after his return to the detention facility. 36.     On 25 March 2016 the investigator ordered a forensic medical examination of the applicant. The experts were requested to determine, inter alia , whether the applicant’s treatment could be organised in the detention facility, and whether his treatment, including the implantation of the vascular filter, had been necessary. 37.     On 2 April 2016 the applicant underwent X-ray examinations at V.   Avagyan Medical Centre. 38 .     On 8 April 2016 the forensic medical examination was completed. According to the experts’ report, the implantation of the vascular filter had been absolutely necessary to prevent life-threatening pulmonary thromboembolism. Upon discharge from V. Avagyan Medical Centre the applicant had received appropriate recommendations for his treatment, which could be organised in the detention facility. 39 .     On 7 July 2016 the applicant was examined by his neurologist who advised MRI (magnetic resonance imaging) and MRT (magnetic resonance tomography) scans, a transcranial Doppler ultrasound test and dynamic supervision. 40.     On 20 July 2016 the Centre de la Protection Internationale , an international human rights association based in Strasbourg, made an application to the Human Rights Defender of Armenia requesting that he examine the situation regarding the applicant’s health and the authorities’ reluctance to provide him with adequate medical assistance. 41 .     On 3 August 2016 the applicant underwent an MRT scan. 42.     On 4 August 2016 he underwent a transcranial Doppler examination which concluded that he had moderate reduction of blood flow in the brain. 43 .     On 11 August 2016 the applicant was examined by his neurologist who diagnosed multifocal brain damage, vascular encephalopathy and gross impairment of coordination. In view of the deterioration of the applicant’s condition, the doctor prescribed several medical examinations and recommended in-patient treatment in a specialist hospital. 44.     On 26 September 2016 the applicant was examined by an angiologist at V. Avagyan Medical Centre, who recommended duplex scanning, a d ‑ dimer blood test and an X-ray, taking into account that six months had passed since the surgery. 45 .     On the same date the applicant’s lawyer made a request to the administration of the detention facility, asking them to organise the examinations indicated by the doctor. Having received no reply, the applicant’s lawyer sent a similar request on 30 September 2016. At the same time, he complained to the Human Rights Defender of the inactivity of the administration of the detention facility. 46.     On 5 October 2016 a medical panel consisting of six doctors examined the applicant and the documents relating to his medical examinations. They recorded that the applicant complained of pain in the chest area, a burning sensation in the lower limbs and vertigo. The panel recommended continuing the applicant’s medical examinations. 47.     In October 2016 the applicant underwent another set of duplex scans, ultrasounds and X-rays in different medical centres. 48 .     By a decision of 10 November 2016 the Human Rights Defender found a violation of the applicant’s rights guaranteed by the Constitution and international treaties. The relevant parts of the decision read as follows: “... Neither Yerevan-Kentron detention facility nor the Central Prison Hospital have an angiology unit or department... therefore the Human Rights Defender finds that [the applicant’s] medical treatment in the detention facility is inadequate. In such cases persons deprived of liberty should be transferred to a specialist medical centre... According to the information provided by the Ministry of Justice in response to the Human Rights Defender’s enquiry, the medical examinations that had been recommended by the neurologist ... requested by [the applicant’s] relatives, in particular “brain MRT”, “1,5 Tesla MRI scan”, “doppler ultrasound test” had been carried out on 3 and 4 August 2016. However, during their visit to the ... Yerevan-Kentron detention facility on 11   October 2016 the members of the staff of the [Human Rights Defender’s Office] did not find any document attesting to the fact that the “1,5 Tesla MRI scan” advised by the neurologist ... had been carried out... The applicant’s care during the entire period of his stay at the detention facility has been ensured by his cell-mates... In these circumstances it is evident that [the applicant] has not been provided with proper specialist care. The Human Rights Defender considers that [the applicant’s] care by his cell-mates would not be problematic if the Ministry of Justice had submitted evidence which would establish that such care had been provided by a person deprived of liberty who had the relevant training. Furthermore, the Ministry of Justice had failed to provide evidence, including relevant medical reports, substantiating the absence of the necessity to transfer the applicant to civilian medical institutions...” 49 .     On 18 November 2016 a medical panel consisting of four doctors examined the applicant and the results of his medical examinations. In its conclusion the panel recommended to conduct a Holter monitor test and an echocardiography as well as a lumbar spine CT scan. The panel found that the applicant did not need inpatient treatment and proposed to return to the issue upon receipt of the results of the recommended examinations. 50.     In November 2016 the applicant underwent several other medical examinations, including computer tomography, a Holter monitor test, and an electroneuromyography. Conservative treatment with medication was recommended. Prescriptions for two types of medication were given for a period of ten days. 51.     On 25 November 2016 the applicant’s lawyer sent a written query to the Head of the Yerevan-Kentron detention facility asking to be informed of the last occasion on which the applicant was able to bathe. 52 .     By letter of 29 November 2016 the Head of the Yerevan-Kentron detention facility stated that the applicant had refused to bathe since 12   August 2016. He had been offered the possibility to bathe regularly, according to the time schedule of the detention facility, but he had refused and stated that he would only take a bath in a bath tub with the help of his wife. 53 .     In December 2016 the Public Observers Group to Monitor Penal Institutions and Entities under the Ministry of Justice (“the Public Observers Group”) visited the applicant and stated in its report to the Minister of Justice that, although according to the medical data the applicant’s medical treatment could be organised in the detention facility, his state of health had obviously deteriorated. The Public Observers Group proposed the applicant’s transfer to a civilian hospital, taking into account that his treatment in the detention facility had not produced any results. 54 .     On 9 January 2017 the applicant asked to be provided with a wheelchair in view of his mobility problems, which was refused. 55.     On 9 February 2017 the Court requested information from the Government concerning the applicant’s state of health and the medical and other care provided to him in detention (see paragraph 80 below). 56 .     On 22 February 2017 the Government replied to the questions put by the Court and stated that the Head of the Penitentiary Service had granted permission to transfer the applicant to a civilian hospital for examination and treatment the next day (see paragraph 81 below). 57 .     On 23 February 2017 the applicant was taken to Erebouni Medical Centre. According to the applicant, for the first time in seven months he was able to meet his hygiene needs (that is, to take a shower) and received treatment which provided some relief from the constant pain he suffered. 58 .     On 3 March 2017 the applicant was discharged from hospital and transferred back to the Yerevan-Kentron detention facility. According to the applicant’s discharge record, he suffered from lumbar degenerative disc disease, lumbago (low back pain), radiculopathy, heart problems, pulmonary artery thromboembolism, enlarged prostate, kidney cysts and post-thrombotic syndrome affecting the lower limbs. The doctors recorded that the applicant could not stand independently to undergo certain neurological examinations. They indicated the need to undergo an MRT scan, prescribed medication and advised supervision by a vascular surgeon, a neurosurgeon, a cardiologist and a urologist. 59 .     On 5 March 2017 the applicant’s lawyer issued a media report concerning the conditions of the applicant’s detention following his return from treatment in hospital. According to the report, he was placed in the worst cell of the detention facility: it was extremely damp, the walls were covered with mould, and it was very narrow, with the beds so close to each other that even a healthy person would have difficulty moving around. The applicant was placed in a cell measuring 15 sq. m. with four other detainees and a fifth detainee was brought in after he complained to the administration about the conditions in the new cell. 60 .     The Public Observers Group tried to visit the applicant on 6 March 2017 in order to check the conditions of his detention. The administration of the detention facility refused the observers access to the applicant’s cell. In their report to the media in this respect the Public Observers Group stated that such a ban made it appear likely that the disseminated information on the applicant’s detention conditions was accurate. 61.     On 22 March 2017 the applicant’s lawyer sent letters to the Human Rights Defender, the Minister of Justice, the Head of the Penitentiary Service and the Head of Kentron detention facility stating, in particular, that most of the medication prescribed to the applicant was not being provided to him and that the recommendations made in the discharge note of 3 March 2017, including the MRT scan and supervision by a vascular surgeon, a neurosurgeon, a cardiologist and a urologist had not been implemented. It was further stated that the conditions of the applicant’s detention after his return from hospital had significantly deteriorated: he had been placed in a very damp cell situated in the northern part of the facility with no natural light during the entire day. Not being able to move out of the cell due to his state of health, the applicant was thus deprived of natural light all the time. 62.     In his reply of 27 March 2017 the head of the detention facility stated that the applicant had always been, and still was, under medical supervision and that appropriate medical specialists from the Ministry of Health had visited him. Those specialists had found that the MRT scan was permissible for the applicant while the Penitentiary Service had applied to the Ministry of Health to organise this examination within the public healthcare system. 63 .     On the same date the Deputy Head of the Penitentiary Service sent a letter to the applicant’s lawyer stating that only one of the four medicines had been made available to the applicant. As regards the other three, two were not included in the general purchasing list of the Penitentiary Service while the remaining one was out of stock and would be made available the following month. It was also stated that the applicant had been examined by a vascular surgeon on 22 March 2017, and by a cardiologist the following day, who had not envisaged any change in the applicant’s treatment. On 24 March 2017 consultations were held with a rheumatologist, another vascular surgeon and a neurosurgeon. The vascular surgeon had prescribed medication and elastic bandaging while walking and had recommended an MRT scan with low power equipment. The organisation of the said examination was in progress. 64 .     On 3 April 2017 the applicant was transferred to the Central Prison Hospital. 65 .     On 14 August 2017 a medical panel composed of specialists from the Yerevan State Medical University and the Ministry of Health carried out an examination of the applicant and delivered an opinion whereby it concluded that certain positive dynamics had been observed in the applicant’s state of health as compared to the previous examination. The specialists prescribed additional medication and further examinations and noted that the conditions of the applicant’s detention and the level of availability of the medical personnel were satisfactory from the perspective of the applicant’s state of health. Attempts to have a private meeting with representatives before the court 66 .     By an authority form signed on 19 May 2016 the applicant authorised Ms A. Maralyan, legal expert at the Centre de la Protection Internationale based in Strasbourg, to represent him in the proceedings before the Court. 67 .     On 17 June 2016 Ms Maralyan applied to the administration of the Yerevan-Kentron detention facility, seeking a private meeting with the applicant. She attached the authority form signed by the applicant (see paragraph 66 above) to her request. Ms Maralyan’s request was refused on the same date on the grounds that pursuant to Section 15 of the Law on Holding Arrested and Detained Persons (“the Law”) (see paragraph 95 below), she should seek the relevant permission from the body conducting the investigation. 68 .     On 30 June 2016 Ms Maralyan presented herself to the investigator as a legal expert at the Centre de la Protection Internationale and asked him to grant her permission to have a private meeting with the applicant as his representative before the Court. 69 .     On 4 July 2016 the investigator informed her that there was no procedure for a confidential meeting of a detainee with a legal expert at the Centre de la Protection Internationale and the investigating authority had no power to grant her the permission sought. It was further stated that Ms   Maralyan had the right to have a non-private meeting with the applicant, taking into account that there was no restriction on the latter’s visits and telephone calls. 70.     On 1 August 2016 the applicant lodged a complaint with the District Court seeking permission to have a private meeting with his representative before the Court, stating that the prohibition of such a meeting was in breach of Article 34 of the Convention. 71 .     By decision of 3 August 2016 the District Court returned the applicant’s complaint with reference to Sections 52 § 1 and 53 § 2 (8) and (9) of the Code of Criminal Procedure (see paragraphs 97 and 98 below) on the grounds that he had failed to complain about the prohibition to have a private meeting with Ms Maralyan to the investigating authority, the administration of the detention facility and, in the case that his complaints were not granted, then to the prosecutor supervising the investigation. 72 .     On 24 August 2016 Ms Maralyan once again applied to the administration of the Yerevan-Kentron detention facility, seeking a private meeting with the applicant. Her request was refused on the same date on the grounds that she had failed to submit an official document proving that she was the applicant’s authorised representative in the proceedings before the Court. Furthermore, pursuant to Section 15 of the Law (see paragraph 95 below), a detained person could have confidential meetings only with a defence lawyer or an advocate who had asked to visit a detained person with the purpose of assuming the latter’s defence. Ms Maralyan was advised that she could have a non-private meeting with the applicant. 73 .     On 31 August 2016 Ms Maralyan had a non-private meeting with the applicant in the presence of prison guards. 74 .     On 16 September 2016 the applicant lodged a completed application form with the Court, whereby he authorised Ms Maralyan and Ms   K.   Moskalenko, lawyers from the Centre de la Protection Internationale , to represent him in the proceedings before the Court. 75.     On 27 October 2016 Ms Maralyan attended the detention facility requesting a meeting with the applicant. Having waited for hours for permission to meet him, she was eventually informed at 5 p.m. that no meetings were allowed past this hour. 76 .     On 20 January 2017 Ms Moskalenko requested permission to have a private meeting with the applicant in order to discuss certain issues with regard to the latter’s application before the Court. The administration of the detention facility refused this request. The Government submitted that Ms   Moskalenko’s request had been refused on the grounds that she had been unable to produce a document indicating that she was the applicant’s representative before the Court. When asked whether she held an advocate’s licence in Armenia, her response had been negative. Accordingly, her request to have a private meeting with the applicant had been refused pursuant to the requirements of Section 15 of the Law (see paragraph 95 below). The applicant contests this. According to him, after Ms Moskalenko had submitted the signed authority form together with his letter expressing his wish to have a meeting with her, she had been requested to provide a letter from the Court indicating that she was his representative and the explanations that no such document could be provided by the Court were not accepted. 77 .     On 10 August 2017 Ms Maralyan requested the administration of the Central Prison Hospital to have a private meeting with the applicant to discuss various issues with regard to the preparation of his observations. No response was received. 78 .     On 11 August 2017 Ms Maralyan submitted a similar request to the District Court which by then had taken over the examination of the case (see paragraph 22 above). Her request was granted on 16 August 2017 and she had a confidential meeting with the applicant on the same day. Request for an interim measure and subsequent developments 79 .     On 2 February 2017 the applicant requested the Court to apply Rule   39 of the Rules of Court and to indicate to the Armenian authorities to organise his transfer to a specialist hospital for treatment. 80 .     On 9 February 2017 the Government were requested under Rule   54   §   2 (a) of the Rules of Court to submit information about the applicant’s health, the quality of the medical assistance he was receiving and the conditions of his detention, including whether the applicant was being provided with assistance in meeting his daily needs. 81 .     On 22 February 2017 the Government responded, providing the Court with some excerpts from the applicant’s medical file. Relying on the medical panel’s conclusion of 18 November 2016 (see paragraph 49 above) the Government submitted that the applicant’s state of health did not necessitate inpatient treatment. Furthermore, since February 2016 the applicant had undergone a vast number of medical examinations, most of which had been carried out in specialist clinics. The Government submitted that the applicant had occasionally been offered the opportunity to take a shower but he himself had refused, and that he was being provided with assistance and bandaging was being carried out. Lastly, the Government stated that the applicant’s transfer to a civilian hospital had been scheduled for 23 February 2017 in order for him to undergo further examinations and receive inpatient treatment. 82 .     In response to the Government’s submissions, on 8 March 2017 the applicant confirmed that he had indeed been taken to a civilian hospital (see paragraph 57 above) where for the first time in seven months he had been able to meet his hygiene needs. He had also received treatment which had provided him with some relief from the constant pain that he was experiencing. However, after his return he continued to be deprived of adequate medical care and, in addition, was placed in a cell with unacceptable conditions (see paragraph 59 above). The applicant contested the Government’s claims that he had refused to take a shower and stated that he had been unable to reach the shower rooms which were situated in the basement. The applicant further contested that he was provided with assistance and that bandaging was being carried out. 83.     On 24 March 2017 the Court (the duty judge) decided to reject the applicant’s request under Rule 39 of the Rules of Court. 84 .     On 1 November 2017 the applicant submitted another request under Rule 39 of the Rules of Court whereby he requested the Court to indicate to the Armenian authorities that he should urgently be provided with specialist medical care. The applicant relied on a medical expert report delivered on the same date by an independent medical panel composed of Russian doctors, which had indicated that the applicant was receiving superficial, symptomatic treatment which increased the risk of the disease progressing and might lead to fatal consequences. In the panel’s opinion the applicant was in urgent need of specialist medical care. 85 .     On 9 November 2017 the Court (the duty judge) decided to indicate to the Government that the applicant should immediately be provided with requisite medical assistance including, if necessary, his placement in a specialist medical facility and that a medical panel should be set up on a parity basis to examine the applicant with a view to diagnosing his specific problems and determining the necessity of any long-term or immediate treatment. Furthermore, the Government was to ensure the applicant’s treatment in accordance with the relevant findings of the panel. 86.     On 22 December 2017 the applicant’s lawyer sent a letter to the Minister of Justice stating, inter alia , that the applicant’s lawyers and relatives had already contacted several medical specialists who had given their prior agreement to be involved in the panel that was to be set up to carry out the applicant’s medical examination. 87 .     In his letter of 10 January 2018 sent to the Court the applicant submitted that that the Government had disregarded the interim measure indicated to them by the Court’s decision of 9 November 2017. He referred to a letter of 9 January 2018 from the Ministry of Justice according to which the applicant was receiving the treatment prescribed to him further to his medical examinations in October 2017 and there was no need for in-patient treatment or additional examinations. 88.     On 24 January 2018 the Government was requested to comment on the applicant’s letter of 10 January 2018. 89 .     In their letter dated 7 February 2018 the Government submitted that the Court’s notification about the application of Rule 39 of the Rules of Court “had remained unnoticed due to a technical discrepancy”. The Government claimed that it had only become aware of the interim measure indicated by the Court on 25 January 2018 upon receipt of the Registry’s letter of 24   January 2018. Having found out about the interim measures indicated in the case, the Government had immediately contacted the applicant’s lawyer and a letter was sent to him expressing the Government’s willingness to set up the requested medical panel as soon as possible. In his letter of 1   February 2018 the applicant’s lawyer had submitted that the applicant had no financial means to have the doctors that he wished to be appointed to the panel and enquired about the possibility that the Government allocate the required sums. According to the Government, they ensured that all the relevant measures indicated under Rule 39 of the Rules of Court had been implemented, with the exception of setting up a medical panel, due to the applicant’s lack of means to appoint the doctors of his choice. 90 .     Ultimately, no medical panel was set up. The Court was not provided with further information about the relevant developments. 91 .     By the letter of 27 June 2018 the applicant informed the Court that he had been released from detention on 25 June 2018 by a decision of the District Court of the same date. 92.     On 11 December 2018 the Court decided to lift the interim measure previously indicated under Rule 39 of the Rules of Court (see paragraph 85 above). RELEVANT LEGAL FRAMEWORK Relevant domestic law Detention on remand 93.     The relevant provisions of the domestic law concerning the imposition of detention on remand, and the grounds and procedure for its extension are set out in the Court’s judgment in the case of Ara   Harutyunyan v. Armenia (no. 629/11, §§ 30-36, 20 October 2016). The Law on Conditions for Holding Arrested and Detained Persons («Ձերբակալված և կալանավորված անձանց պահելու մասին» ՀՀ   օրենք) 94 .     According to Section 13 of the Law on Conditions for Holding Arrested and Detained Persons, a detainee has the right, inter alia , to healthcare, including sufficient food and urgent medical assistance. A detainee, personally or via his lawyer or legal representative, has the right to lodge complaints concerning a violation of his rights with the administration of the detention facility, its superiors, the court, the Prosecutor’s office, the Human Rights Defender, State and local self ‑ governance bodies, non ‑ governmental entities and political parties, the mass media, as well as international human rights protection bodies or organisations. 95 .     According to Section 15, an arrested or detained person has the right to meet in private with his defence lawyer or an advocate who has asked to visit him with the purpose of assuming his defence, without limitation on the number and duration of visits, irrespective of working days or hours. Upon a detained person’s request, the investigating authority may grant him permission to have private meetings with an advocate who is not his defence lawyer in the criminal case, if that is required for the provision of legal assistance which is not related to the examination of the criminal case. The investigating authority considers and decides such a request and the latter has a right to lodge an appeal against the investigating authority’s decision in accordance with the procedure set out in the Code of Criminal Procedure. The detained person’s meeting with an advocate or defence lawyer is granted when the advocate or the defence lawyer presents an identification document and an advocate’s licence along with the relevant certificate issued by the body conducting the criminal proceedings addressed to the administration of the place for keeping arrested or detained persons. 96 .     Section 21 provides that the administration of a detention facility shall ensure the sanitary, hygienic and anti-epidemic conditions necessary for the preservation of health of detained persons. At least one general practitioner shall work at the detention facility. A detainee in need of specialised medical assistance must be transferred to a specialised or civilian medical institution. Code of Criminal Procedure 97 .       According to Article 52 § 1, the prosecutor carries out criminal prosecutions and oversees the lawfulness of any inquest and preliminary investigation. 98 .     According to Article 53 § 2 (8) and (9) when carrying out procedural supervision of the investigation, it is the exclusive power of the prosecutor to, inter alia , eliminate unlawful or unsubstantiated decisions of the investigation body, investigator, subordinate prosecutor and to decide on the appeals against the decisions and actions of the investigating authority, investigator, subordinate prosecutor. 99 .     Article 290 § 1 provides that the suspect, the accused, the defence lawyer, the victim, the participants in the proceedings and other persons whose rights and lawful interests have been violated are entitled to lodge complaints with a court against the unlawfulness and unfoundedness of the decisions and actions of the body of preliminary inquiry, the investigator, the prosecutor or the bodies carrying out operative and intelligence measures, which are prescribed by the Code, if their complaint has not been granted by a prosecutor. Law on the Prosecutor’s Office of 22 February 2007 (no longer in force) 100 .     According to Section 29 § 1, as in force at the material time, the prosecutor oversees the lawfulness of the application of penalties. When exercising this power the prosecutor has the right, inter alia , to visit the places of keeping persons deprived of liberty and to examine documents, including decisions, orders of the administration of the relevant detention facilities (Section 29 § 4 (1), (2) and (3)). In case the prosecutor suspects a breach of the rights of a person in respect of whom a penalty is applied, he has the right to request the relevant official to provide explanations concerning the latter’s actions or inaction. Civil code 101 .     The relevant provisions of the Civil Code concerning compensation for damage suffered as a result of a violation of a person’s rights guaranteed by the Convention provide the following. 102 .     Under Article 17 § 1, a person whose rights have been violated may claim full compensation for the damage suffered, unless the law or contract provides for a lower amount of compensation. The relevant damage consists of the expenses borne or to be borne by the person whose rights have been violated, in connection with restoring the violated rights as well as any loss of property or damage to it (material damage), including loss of income and any non-pecuniary damage (Article 17 § 2). Non-pecuniary damage may only be compensated in the cases provided for by the Civil Code (Article 17 § 4). 103 .     Article 162.1 §