Here’s a breakdown of the Benyukh v. Ukraine decision:
1. **Essence of the Decision:**
The European Court of Human Rights found Ukraine in violation of Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy) of the Convention. The case concerned a life prisoner’s inadequate dental treatment, specifically a 19-month delay in receiving free dentures. The Court emphasized the State’s duty of care towards prisoners, particularly regarding dental care. While the applicant eventually received dentures through an NGO, the Court highlighted that this was not due to the authorities’ initiative but rather external intervention. The lack of an effective remedy for the inadequate treatment also constituted a violation.
2. **Structure and Main Provisions:**
* The judgment begins by outlining the facts of the case, including the applicant’s medical condition, the prison’s request for free dentures, and the municipal authorities’ refusal due to funding issues.
* It addresses the Government’s claim of abuse of the right of application, dismissing it.
* The Court then assesses the alleged violation of Article 3, finding that the legislative provisions for free dentures were rendered ineffective by administrative and financial obstacles.
* It emphasizes that the eventual provision of dentures by an NGO did not absolve the State of its responsibility.
* The judgment also addresses the violation of Article 13, noting the lack of an effective remedy for the applicant’s complaint.
* Finally, it addresses the application of Article 41 regarding just satisfaction, awarding the applicant EUR 3,000 in respect of non-pecuniary damage.
3. **Main Provisions for Use:**
* **State’s Duty of Care:** The decision reinforces the State’s obligation to ensure adequate medical care for prisoners, particularly dental care.
* **Ineffective Legislation:** The Court highlights that legislative provisions are insufficient if they are not implemented effectively due to administrative or financial obstacles.
* **NGO Intervention:** The fact that an NGO provided the necessary treatment does not excuse the State’s failure to fulfill its obligations.
* **Lengthy Delays:** Significant delays in providing necessary medical treatment can constitute a violation of Article 3.
* **Effective Remedy:** The decision underscores the importance of providing an effective remedy for prisoners who experience inadequate medical treatment.
This decision serves as a reminder of the State’s responsibility to ensure the well-being of prisoners and to provide effective mechanisms for addressing their grievances.
The decision is related to Ukraine.
