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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> Valentina Vladimirovna BRESLAVSKAYA v Ukraine - 29964/10 [2010] ECHR 1239 (19 May 2010)
URL: http://www.bailii.org/eu/cases/ECHR/2010/1239.html
Cite as: [2010] ECHR 1239
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July 2010
FIFTH SECTION
Application no. 29964/10
by Valentina Vladimirovna BRESLAVSKAYA
against Ukraine
lodged on 19 May 2010
STATEMENT OF FACTS
THE FACTS
The applicant, Ms Valentina Vladimirovna Breslavskaya, is a Ukrainian national who was born in 1973 and is detained in Donetsk Pre-Trial Detention Centre no. 5 (“the Donetsk SIZO”). She is represented before the Court by Mr D. Medvedskiy, a lawyer practising in Donetsk.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 25 August 2009 the applicant was arrested on suspicion of attempted smuggling and placed in Donetsk SIZO. Her requests for release on health grounds were without success.
The applicant has a long history of various gynaecological problems. In 1994 she had her left ovarium, the right fallopian tube and a breast benign tumour removed in the Donetsk Regional Cancer Treatment Centre (“the DRCTC”). Since then, she was under the regular monitoring of the DRCTC.
The applicant also suffers from tuberculosis, kidney and spine problems.
From 30 August to 1 September 2009 she was treated for pyelonephritis (inflammatory kidney disease) in Gorlivka Town Hospital no. 2.
From 1 to 14 September 2009 the applicant underwent medical examination and treatment in the Donetsk Regional Hospital, where she was examined by a neuropathologist, a gastroenterologist, a gynaecologist, an endocrinologist, a tuberculotherapist, and some other doctors.
Following her arrest, the applicant was placed in the SIZO medical unit where she is staying until now.
On 2 October 2009 the SIZO administration informed the applicant's representative that, having regard to its limited resources, it was not able to provide his client with medical treatment in full compliance with the doctors' recommendations.
On 7, 8 and 24 December 2009 the applicant was again examined by the DRCTC specialists, who diagnosed nodal mastopathy and ovarian cyst and recommended her a surgery and post-surgery treatment in the DRCTC.
In December 2009 the applicant was also examined by a tuberculotherapist who recommended continuation of her treatment for tuberculosis, which apparently took place.
COMPLAINT
Relying on Article 2 of the Convention, the applicant complains that she has not been provided with adequate medical assistance in detention. She submits in this connection that she requires a surgery and post-surgery treatment in respect of nodal mastopathy and ovarian cyst, which cannot be provided to her in the SIZO conditions.
QUESTION TO THE PARTIES
Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention during her pre-trial detention? In particular, has she received adequate medical treatment?