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.