RUDYAK v. UKRAINE JUDGMENT 7 the applicant’s condition been established. The applicant had also been prescribed treatment. 43. In reply the applicant submitted that he had not been provided with adequate medical assistance after his arrest. The eye drops prescribed to him had not always helped, he had had a dental health problem which had not been properly treated and he had eventually been diagnosed with hypertension. The applicant further stated that his state of health had deteriorated while in detention, he had suffered constant headaches, his left eye had become inflamed, which he submitted could result in him losing sight in his right eye. However, he had not been admitted to a hospital. Although the applicant acknowledged that, while in detention, he had been taken to a civilian hospital for examinations, he stated that this had only occurred after he had gone on hunger strike. He had also refused to be admitted to the other detention facility’s hospital because it had been situated far from his place of detention. 44. The Court notes at the outset that, on a number of occasions, it has already dismissed objections similar to those made by the Government in the present case in respect of an applicant’s failure to complain of inadequate medical treatment in detention to a prosecutor or a court (see, among other authorities, Petukhov v. Ukraine, no. 43374/02, §§ 76-78, 21 October 2010). The Court sees no reason to depart from those findings in the present case. 45. Moreover, upon the applicant’s arrival at the SIZO, he underwent a medical examination and it was noted that he was suffering from optic subatrophy in the left eye. Therefore, the State authorities were aware of the applicant’s health problem. 46. The Court further notes that the applicant was diagnosed with optic subatrophy in the left eye in November 2004. He did not submit any medical records for the period between November 2004 and April 2005 indicating what treatment he had received during this period and what recommendations had been given for his eye problem apart from the one given in November 2004 to avoid hypothermia. 47. The Court observes that the applicant did not advance any medical evidence in support of his statement that his state of health had deteriorated while in detention and, if so, that it happened because of a lack of adequate medical assistance. Neither has he provided evidence that his condition necessitated any particular treatment which had not been given to him. The applicant’s references to other various health problems are not substantiated by any medical documents. 48. In such circumstances, the Court rejects the applicant’s complaint of a lack of adequate medical assistance in detention as manifestly ill-founded under Article 35 §§ 3 (a) and 4 of the Convention.

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