Published: 25 Jul 2017 | By Rehab Jaffer
Yankovskiy v Russia
Case No. 24051/11
Judgment date: 25 July 2017
Vyacheslav Yankovskiy was detained in April 2010 on suspicion of murder and injuring two people. He is a type-one diabetic who suffers from various other illnesses, and was certified as disabled in 2008. In July 2010, a medical panel issued a report requiring specific medical care for Mr Yankovskiy if he was to remain in detention. Despite undergoing a further examination in October 2010, which found that he suffered from severe diabetes, the authorities transferred him to a detention facility that was not authorised to provide the necessary care. Mr Yankovskiy was not seen regularly by the required specialist, and his condition drastically deteriorated during detention.
By the time he lodged his application at the ECtHR, Mr Yankovskiy had been detained for one year. He alleged that Russia’s positive under Art. 3 ECHR had been breached due to a failure to provide adequate medical care during his detention. Furthermore, he argued a breach of Art. 5(3) due to his detention on remand being excessively long, and Art. 5(4) ECHR due to the examination of his appeals against custody orders taking too long. The applicant also argued a breach of Art. 13 ECHR, stating that he had no effective domestic remedies to complain about the quality of medical care in prison. In addition, Mr Yankovskiy argued a violation of his presumption of innocence under Art. 6(2) ECHR, stating that a detention order in August 2010 indicated that he had committed a criminal offence. Mr. Yankovskiy was represented by EHRAC and Memorial HRC.