The European Court of Human Rights (ECHR) delivered a judgment in the case of Tsyusmak v. Ukraine concerning inadequate medical care in detention and excessive length of pre-trial detention. The Court found violations of Article 3 and Article 5 of the Convention and awarded the applicant compensation for damages and legal costs.The decision addresses two main issues:
- The inadequate medical treatment of the applicant who suffered from hepatitis and orthopedic problems (old non-union fracture of the right leg and broken implanted screw) during his detention from January to November 2022
- The excessive length of pre-trial detention from February 2021 to September 2022, where domestic courts provided repetitive and insufficient reasons for extending detention
The Court’s key findings include:
- The medical care provided to the applicant was not comprehensive and adequate, with identified shortcomings in drug therapy and necessary surgical procedures
- While prison medical facilities don’t need to match the best civilian hospitals, they must provide appropriate and comparable quality of treatment to that available to the general population
- Medical diagnosis and care must be prompt and accurate, with regular supervision and a comprehensive therapeutic strategy
- The Court awarded 9,750 euros in damages and 250 euros for costs and expenses to the applicant
