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You are here: BAILII >> Databases >> European Court of Human Rights >> KRIVOSEJS v. LATVIA - 45517/04 [2012] ECHR 54 (17 January 2012) URL: https://www.bailii.org/eu/cases/ECHR/2012/54.html Cite as: [2012] ECHR 54 |
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THIRD SECTION
CASE OF KRIVOŠEJS v. LATVIA
(Application no. 45517/04)
JUDGMENT
STRASBOURG
17 January 2012
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Krivošejs v. Latvia,
The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
Josep Casadevall,
President,
Corneliu Bîrsan,
Egbert
Myjer,
Ján Šikuta,
Ineta
Ziemele,
Nona Tsotsoria,
Kristina Pardalos,
judges,
and Santiago Quesada,
Section Registrar,
Having deliberated in private on 13 December 2011,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
3. The applicant alleged, in particular, that he had not received adequate medical assistance in prison and that he had not been released from prison despite his medical condition.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
A. The applicant’s conviction and imprisonment
1. First set of criminal proceedings
2. Second set of criminal proceedings
B. Medical examinations in detention
1. Outpatient examinations
2. First inpatient examination
3. Second inpatient examination
4. Third inpatient examination
5. Fourth inpatient examination
C. Medical assistance in prison and its review
1. Medical assistance
between 3 and 20 January 2003;
between 20 February and 6 March 2003;
between 6 November and 4 December 2003;
between 8 and 29 April 2004;
between 27 January and 17 February 2005;
between 26 May and 7 June 2005;
between 16 and 22 September 2005;
between 25 October and 11 November 2005; and
between 17 May and 21 June 2006.
As concerns the applicant’s treatment for those periods the Government referred to the fact that: (a) the applicant had been examined by a neurologist, a neurosurgeon, an ophthalmologist, a psychiatrist, a radiologist and an otolaryngologist; (b) two CT scans of the applicant’s head had been carried out; and (c) the necessary clinical examinations had been performed.
2. MADEKKI monitoring
D. Applications for release
II. RELEVANT DOMESTIC LAW
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION ON ACCOUNT OF INADEQUATE MEDICAL ASSISTANCE
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
A. Admissibility
B. Merits
1. The parties’ submissions
2. The Court’s assessment
(a) General principles
(b) Application of these principles to the present case
II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION ON ACCOUNT OF THE AUTHORITIES’ REFUSAL TO RELEASE THE APPLICANT ON HEALTH GROUNDS
III. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
IV. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
FOR THESE REASONS, THE COURT UNANIMOUSLY
Done in English, and notified in writing on 17 January 2012, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Santiago Quesada Josep
Casadevall
Registrar President