RUDYAK v. UKRAINE JUDGMENT
5
(iv) with a general physician on 30 June 2005 (the applicant complained
about a pain in the left eye and general weakness and was advised to see an
ophthalmologist), 13 July 2005 (the applicant complained about pain in his
back and was prescribed painkillers), 16 September 2005 (the applicant was
issued a referral to a civil hospital in order to decide whether he is able to
work and whether he falls into any disability group), 16 August 2006,
13 September 2006 and 4 September 2007.
31. On 18 December 2005, 6 June 2006, 13 September 2006, 12 October
2006, 9 January 2007, 27 October 2008, 12 January 2009 and 13 June 2009
the applicant underwent periodic medical screening.
32. On 10 May 2006 the applicant received treatment for a shoulder
injury.
33. On 27 February 2010 the applicant complained of hypertension. He
was offered an examination and, if necessary, treatment in the prison
hospital, which he refused.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
34. The applicant complained that he had been ill-treated by the police
in 2005 and that all of his complaints in this respect had been ignored. The
applicant further stated that his state of health had deteriorated in detention
after his arrest in 2005. The applicant relied upon Article 3 of the
Convention, which reads as follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
A. Admissibility
1. Ill-treatment by the police and subsequent investigation
35. The Government submitted that the applicant had failed to exhaust
effective domestic remedies in respect of his complaint of ill-treatment by
the police officers in April 2005, as he had not appealed against the decision
of 27 June 2006 before a prosecutor or a court. The Government contended
that such appeal was an effective remedy (see Yakovenko v. Ukraine,
no. 15825/06, § 72, 25 October 2007; Lysaya v. Ukraine (dec.),
no. 11408/02, 1 February 2011; and Gabibullayev v. Ukraine (dec.),
no. 29725/05, 11 February 2011). The Government noted that the applicant
had been aware of the decision, as he had mentioned it in his appeal of
7 August 2007. Moreover, the applicant had been aware that on