CEDH · CASELAW;COMMUNICATEDCASES;ENG — 13 février 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 3 March 2025   FIFTH SECTION Application no. 26764/24 Valeriy Anatoliyovych SHLYUGIN against Ukraine lodged on 17 September 2024 communicated on 13 February 2025 SUBJECT MATTER OF THE CASE The application concerns the applicant’s pre-trial and post-conviction detention, which was allegedly incompatible with his state of health due to his serious illnesses, and the alleged lack of adequate medical care in detention. The applicant suffers from HIV, tuberculosis, hepatitis C and cardiovascular diseases. On 22 February 2020 he was placed in pre-trial detention in Odesa Pre-Trial Detention Facility where, according to him, he was not receiving adequate medical treatment and his state of health deteriorated significantly. On 10 September 2020 a medical commission diagnosed the applicant with HIV stage IV and recommended in-patient treatment at home, as he was incapable of caring for himself. On 18 February 2021 the Malynovskyy District Court of Odesa sentenced the applicant to 3 years and 3 months of imprisonment. On 16 April 2021 he was placed in Odesa Detention Facility no. 14 to serve his prison sentence. According to the applicant, while in detention, he had strokes on three occasions, which rendered him partly disabled since the right side of his body was paralysed. Owing to this, the applicant was not able to serve himself and, as the detention facility did not provide any assistance, his inmates had to help him meet basic everyday needs. On 29   December 2021 the applicant applied for release from further serving the sentence on health grounds to the Malynovskyy District Court of Odesa. A medical examination was ordered by the court on 1 March 2023. In May 2023 a medical commission diagnosed the applicant as having HIV stage III, which did not fall within the official List of Diseases constituting the grounds for release from further serving a sentence. The court rejected the applicant’s request for further forensic medical examination. On 17   May   2024 the applicant was released due to the end of the sentence term. Relying on Article 3 of the Convention, the applicant complains that his continued detention was incompatible with his state of health and that the domestic authorities failed to perform an adequate and timely assessment in that regard. He also complains of being subjected to inhuman and degrading treatment on account of the lack of adequate medical care in both detention facilities. QUESTIONS TO THE PARTIES 1.     Considering the applicant’s state of health, was his continued detention compatible with the requirements of Article 3 of the Convention (see, for instance, Contrada v. Italy (no. 2) , no.   7509/08, §§ 79-85, 11   February 2014, Farbtuhs v. Latvia , no. 4672/02, §§ 58-61, 2   December   2004, and Cosovan v.   the Republic of Moldova , no.   13472/18, §   78, 22   March   2022)?   2.     Did the State perform an adequate and timely assessment of the compatibility of the applicant’s state of health with his detention (see, for instance,   Dorneanu v. Romania , no. 55089/13, §§ 95-100, 28   November 2017)?   3.     Was the applicant subjected to inhuman and degrading treatment, in breach of Article 3 of the Convention, on account of the alleged lack of adequate medical care to him in Odesa Pre-Trial Detention Facility and Odesa Detention Facility no. 14? The Government are invited to provide a copy of the applicant’s medical file and any further evidence related to the applicant’s medical treatment while in detention.