14 RUDYAK v. UKRAINE JUDGMENT – SEPARATE OPINION JOINT DISSENTING OPINION OF JUDGES POWER-FORDE AND ANTONOVYCH We follow the Chamber’s reasoning on a violation of Article 3 of the Convention both under its substantive and its procedural limbs. However, we cannot agree that the applicant’s complaint concerning the lack of adequate medical assistance in detention is manifestly ill-founded (§§ 4548). We consider that his complaint in this regard is well founded and admissible. It is clear from the facts of the case that the State authorities were aware of the applicant’s suffering from optic sub-atrophy in the left eye. Subatrophy is the most frequent reason for eye enucleation after trauma and a series of surgical operations for treatment of post-traumatic eyeball subatrophy may be required in order to save an individual’s eyesight.1 The evidence demonstrates that the applicant suffered sub-atrophy as a result of a trauma received during his first arrest on 25 February 2004. However, in our view, the State has not demonstrated that he received adequate medical treatment for this condition which was caused, clearly, by the trauma sustained. We accept that the applicant did not submit specific medical records from November 2004 to April 2005 indicating what treatment he had received during that period when he was not imprisoned. However, he does not claim to have received specific treatment at that time but rather that he was scheduled for eye surgery and that as a result of his second arrest he was prevented from proceeding with that planned surgical procedure. On 20 April 2005, the day after his second arrest, Kharkiv Hospital no. 11 issued a certificate stating that the applicant had sustained head and left shoulder injuries and a haematoma on his left ear (§10). On 5 May 2005 the same hospital diagnosed him with an old optic sub-atrophy in the left eye (§ 13). On 6 May 2005 it was noted in the medical file of the SIZO that on 25 February 2004 (the date of his first arrest) the applicant had suffered an eye injury. He was diagnosed with a cataract and with a sub-atrophy of the left eye (§ 14). Numerous medical certificates testify that on many occasions the applicant requested medical assistance because of pain in his left eye. By way of response, according to the Government, the applicant had been prescribed ‘treatment’ (§ 42). This, in our view, is entirely insufficient. The Court’s jurisprudence on the right of prisoners to medical treatment whilst in detention is well established. The right to health in prison was developed at the same time as the right to humane conditions of detention. The State is under an obligation not only to provide some form of medical assistance to an ill prisoner, but to provide, the ‘requisite medical 1 http://www.reg-surgery.ru/1_2003/articles_eng/downloads/250503-003.pdf