4
RUDYAK v. UKRAINE JUDGMENT
of unlawful possession of weapons and drug trafficking and sentenced him
to six and a half years’ imprisonment.
22. The applicant appealed against this decision. On 7 August 2007 he
amended his appeal stating, inter alia, that on 12 May 2005 he had asked
for the severity of his injuries to be recorded and that he had not been able
to appeal against the decision of 27 June 2006 as he had not received a copy
of it.
23. On 10 January 2008 the Kharkiv Regional Court of Appeal quashed
the decision of 11 August 2006 and remitted the case for fresh
consideration.
24. On 20 November 2008 the Chervonozavodskiy Court again
convicted the applicant of unlawful possession of weapons and drug
trafficking and sentenced him to five years and six months’ imprisonment.
The applicant pleaded guilty. He did not appeal against the decision.
25. On 23 May 2009 the applicant was transferred to Poltava
Correctional Colony no. 64. On 25 May 2010 he was released.
26. Between 17 and 28 January 2011 he was admitted to a hospital. He
was diagnosed with hypertension, chronic cholecystitis, a cyst of left kidney
and optic supatrophy in the left eye.
C. Medical assistance in detention
27. According to the Government, while in detention, the applicant was
examined by an ophthalmologist on numerous occasions, namely on 17 and
22 August 2005 (on the latter date it was noted that the applicant’s state has
improved), 23 September 2005, 23 November 2005, 16 and 19 October
2006 (it was noted that the applicant needed no maintenance treatment for
his optic subatrophy), 16 July 2009 and 14 March 2010. On no occasion had
any deterioration of the applicant’s state of health been established. When
the applicant had complained of pain in his left eye, in particular, on
17 August 2005, 23 September 2005 and 23 November 2005, he had been
prescribed treatment.
28. The applicant submitted that he had been taken to Kharkiv
Ophthalmology Clinic but did not provide any further information in this
respect.
29. On 16 July 2009 the applicant refused to be hospitalised in the
ophthalmology department of the prison hospital at Correctional Colony
no. 81.
30. According to the Government, the applicant had had the following
consultations with other specialists:
(i) with a surgeon on 18 May 2006 (complaints about pain in the right
leg, the applicant was prescribed medication) and 4 September 2007;
(ii) with a neuropathologist on 5 May 2005 and 13 June 2009;
(iii) with a psychiatrist on 18 May 2005 and 4 September 2007; and