CEDH · CASELAW;COMMUNICATEDCASES;ENG — 9 octobre 2013

.s800EAC49 { font-size:12pt } .sF9195E13 { margin-top:24pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sBB9EE52A { font-family:Arial } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s786E59B9 { margin-top:36pt; margin-bottom:24pt; text-align:center } .s2D57E2E { font-family:Arial; font-weight:bold; text-decoration:underline; text-transform:uppercase } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } FIFTH SECTION Application no. 65987/09 Oleksiy Ivanovych KRAVCHENKO against Ukraine lodged on 16 November 2009 STATEMENT OF FACTS The applicant, Mr Oleksiy Ivanovych Kravchenko, is a Ukrainian national who was born in 1956 and currently serves his prison sentence at the Gorodyshenska Correctional Colony. The facts of the case, as submitted by the applicant, may be summarised as follows. In 2005 the applicant was prosecuted for theft and sentenced to one year and six months’ imprisonment. After his release in 2006 he was prosecuted for murder. The criminal proceedings were completed in 2007 and he was sentenced to eleven years’ imprisonment. According to the applicant, he did not commit those crimes, his conviction was based on false evidence and on his self-incriminating statements obtained under torture. The applicant raised those allegations in the course of his trial, but to no avail. From 11 December 2011 to 22 July 2013 the applicant was detained at the Romenska Correctional Colony. On the latter date he was transferred to the Gorodyshenska Correctional Colony. The applicant states that he suffers from tuberculosis and peptic ulcer and that he has not received adequate medical assistance for his health problems in detention. The applicant further states that he complained about the lack of adequate medical assistance to the prosecutors, who did not reply to the applicant. In 2010 the Court invited the applicant to submit copies of various documents from his criminal case file. He could not provide copies of any of the required documents, as his requests for such copies were refused by the Kyiv Regional Court of Appeal, which kept the case file, as not based on the law. COMPLAINTS The applicant complains under Article 3 of the Convention about the lack of medical assistance in detention. The applicant also complains under Article 34 of the Convention that the authorities have refused to provide him with the possibility to obtain copies of documents he needed for substantiation of the application. QUESTIONS TO THE PARTIES 1.     Was the applicant subjected to inhuman and degrading treatment, in breach of Article 3 of the Convention, having regard to his complaint about the lack of adequate medical assistance in detention?   2.     Has there been any hindrance by the State in the present case with the effective exercise of the applicant’s right of petition, as guaranteed by Article 34 of the Convention? In particular, did the applicant have the opportunity to obtain copies of the documents from his case file and to send them to the Court in order to pursue the application?