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Home arrow newsitems arrow ECHR condemns Ukraine for jailing and ill-treating a Handicapped Russian in Crimea before 2014

ECHR condemns Ukraine for jailing and ill-treating a Handicapped Russian in Crimea before 2014

Автор ACM
Thursday, 19 March 2020

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*Strasbourg/Angelo Marcopolo/-  It's after incidents Between the successive Presidencies of Yushchenko (2005-2010) and Yanukovych (2010-2014), that a Handicapped Russian, WheelChair-bound, faced Criminal Prosecution and Prison Detention, at Crimea, for the comparatively Minor accusation of allegedly having "Threatened" a Policeman, who had vainly Detained his Son at an unrelated Murder Case, and "Punched" a local Official, that he considered responsible for having Cut Electricity to his restaurant, in addition, (Disputes on which, Curiously, Nothing is said by the ECHR's judgement published Today).

A. K. Vagapov, Despite being Aged 55 and Suffering from "the Most Severe Level of Disability" ("Category 1"), with "Paraplegia of his lower Limbs", since "a Gunshot Wound to his Spinal cord", leaving him "WheelChair-bound" during 24 Years, provoking also "a Skin ...Ulcer", Nevertheless, he was "remanded in Custody, Pending Trial", right from the Start of the Investigation, afterwards Condemned into "3 Years ImPrisonment", and later Jailed. He was Released only towards the End of September 2013, after "having Served his sentence in Full", ECHR observed.

"During his Detention", he had to be Treated for "Aggravated" "PyeloNephritis", and underwent "Surgery" for that Ulcer, was "Diagnosed with Aggravated ...Bronchitis", and found with "a Black Burn Wound" and "a Burn Blister" on his Feet, (later "Diagnosed" as "3rd Degree -out of 4- ...Burns") that "Failed to Heal", added to an "Aggravation" of his Skin Ulcer (advanced into a "PuruloNecrotic Stage, with ...Fistulas"), but also to "Urinary InContinence", "Acute Conjunctivitis of both Eyes", "a Purulent Inflammation of ...Cellular Tissues" (with an "Abscess" which should "be Surgically Drained" : something reportedly "Contra-Indicated in the ...Conditions pertaining" in his Detention area), and even "a Broken Rib" (sic !) with "Pain in the Chest area", (etc)...

But the "Request(s)" of his "Lawyer" for "a Panel of Medical Specialists" to Examine the ImPrisoned Handicapped man in order "to determine his State of Health and Medical Needs", and Whether it was "Possible to Meet those Needs", or not, inside his place of Detention, or at least to "Allow a Civilian Doctor to Examine" him, were Both Rejected by the Ukranian Authorities.

Thus, meanwhile, Vagapov "had Refused the Treatment(s) recommended by ...These Doctors", (of the Prison System), Complaining that they had "Understimated" the "Poor Condition of his ...Health", and that he had been "Denied Access to the Doctor of his (Free) Choice".

+ In Addition, that Prison "had Not been Adapted for WheelChair-bound detainees", Obliging him to be "Dependant on other InMates for his Basic Needs", (f.ex.,  "Toilet", "Shower", "Meals", etc), "Deprived of daily Walks", stay "Held in a Cell measuring about 11 sq. m and Shared by 3 Inmates, with No Space for any Movement in a WheelChair", have "Fewer Meetings with his Lawyer..., as ...his CellMates had had to Carry him", also provoking "several Accidents..., such as Burning his Feet with Hot water, and Breaking a Rib (Comp. Supra), etc, while "the Physical Conditions of his Detention had been Poor".

=> Therefore, the Jailed Handicapped man "complained to the ECHR that "the Conditions of his Detention", "with regard to his Physical DisAbility", and that "Medical Treatment" were "InAdequate", and Violated the "Article 3" of the PanEuropean Convention on Human Rights, which Prohibits "Torture or ...InHuman/Degrading Treatment", in any circumstances.

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Russia indicated that "they did Not Wish to exercice their Right to Intervene in the proceedings" (given also the Russian Nationality of the Jailed DisAbled man), as ECHR noted.

As for the Ukranian Government, it Claimed that, "Although" that Jail "had Not been Adapted for WheelChair-Bound Detainees", nevertheless ,"2 people from the Staff (would) have been Alloted to Assist" the DisAbled prisoner.

ECHR "took Note of the (Ukranian) Government's Acknowledgment of the Lack of technical Arrangements" for "the detention of individuals with physical Disabilities", and "reiterate(d) that", as a matter of General Principle, "where the Authorities decide to place and Keep a Disabled person in continued Detention, they should demonstrate Special Care in Guaranteeing such Conditions as Correspond to the Special Needs resulting from his or her Disability".  

On the Controversy whether the Handicapped Prisoner "had been Assisted by ... fellow InMates, or by the (Jail's) Staff" (Comp. Supra), ECHR observed that the Ukranian "Government did Not provide Any Details in that connection", Not even "whether the ...Staff had been Trained or had the Necessary Qualifications"...

Moreover, the Ukranian "Government" did Not Say Anything "on the Incidents which led to ...sustained boiling-water Burns in the course of taking a Shower ..., and having his Rib Broken", as Vagapov had Denounced, (Comp. Supra), ECHR notes, pointing at the incredible Helplesness into which Handicapped People may fall, if they are Obliged to live their EveryDay Life in outlets Deprived of the slightest Facility for Autonomous Movements, (as, f.ex., Metalic Bars, etc)...         

=> "Therefore", the PanEuropean "Court found Plausible... that the ... Injuries" were "a Result of the Failure to Meet" the Handicapped Prisoner's "Basic Needs, in Conditions that would Respect his Human Dignity". "This ...shows that the (alleged) Assistance of the (Jail's) Staff, IF Any, (Comp. Supra), "could Not have ensured (his) ...Autonomy or ...Physical and Moral Integrity".

Indeed, as ECHR had Already noted, at a previous decision on this case, when it had Initially raised relevant Questions to the Ukranian Government, in order to find out its reactions, it's also the f. UN Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment ..., Mr Manfred Nowak", who stressed that "Persons with Disabilities often find themseles in [situations of Powerlessness], for instance When they are Deprived of their Liberty, in Prisons, or Other Places", where "the  particular Disability of an individual may render him or her more Likely to be in a Dependent situation, and make him or her an easier Target of Abuse".                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

+Moreover, ECHR "refer(ed) to the Findings of the CPT (CoE's Anti-Torture Watchdog) in 2013, that Conditions in the Cells" of that Crimea's Jail, in general,"had been as Miserable as some Thirteen Years Previously (i.e. on 2000), when (it) had First Visited that facility...

>>> In Consequence, "and" given "the Cumulative Effects" of such Facts, ECHR Concluded that "the specific Conditions" of the Handicapped Prisoner's "Detention, in view of his Physical Disability, ...in particular, his InAbility to Access the various parts" of that Jail "Independently, including the Canteen and the Sanitation Facilities, and ...the Lack of any Organized Assistance" for "his Mobility ... or his Daily Routine, must have Caused him UnNecessary and Avoidable Mental and Physical Suffering, Diminishing his Human Dignity".                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

"That amounted to Inhuman and Degrading Treatment", in "Violation of Article 3, of the" PanEuropean "Convention" of Human Rights, ECHR Concluded.

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+ The Handicapped man had also Denounced to the ECHR that the Ukranian Court's decision to Condemn him in 3 Years of ImPrisonment was "an Arbitrary and UnNecessary measure", which "had Not been Based on relevant and Sufficient Reasons", and "had Failed to Take into Account (his) ...state of Health; it had Never Examined an Alternative, ... such as a Commitment Not to Leave the Town, or Bail", etc.  

In fact, an Initial "Undertaking Not to Abscond", imposed by a 1st Court, had been "Changed", by a 2nd Court, into "Remand in Custody", under Pretext of the alleged "Seriousness and the Nature of the Criminal Offences in issue", (Comp. Supra)...

But the ECHR found that "Neither the (Ukranian) Government's observations, Nor ... that Court ...had made an Appropriate Assessment of the Facts ... (on) Whether ... (this) was Necessary ..., in particular in view of the applicant's DisAbility". "Neither did (it) ...state Which Risks Justified the ... Detention on remand, (f.ex. the Risk of ...Absconding, Influencing Witnesses, or Hindering Investigation").

This was Contrary to "Article 5§1" of the PanEuropean "Convention" on Human Rights, which stressed that "Everyone has the Right to Liberty and security of person. No one shall be deprived of his liberty save in the following Cases, and in accordance with a Procedure prescribed by law ... (c) the Lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable Suspicion of having committed an offence, or when it is reasonably considered Necessary to prevent his committing an offence or Fleeing after having done so", EuroJudges observed.

=> Therefore, ECHR judged that the contested Measure "did Not Afford the applicant the Adequate Protection from Arbitrariness, which is an Essential element of the "Lawfulness" of Detention, within the meaning of Article 5§1 of the Convention", and,  "Accordingly, there has been a Violation of that provision" too.

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>>> In Consequence, it's "Unanimously" that the  Strasbourg's Court held that "there has been a Violation of Article 3 of the (PanEuropean) Convention" on Human Rights, because of Inhuman/Degrading Treatments (Comp. Supra) "on account of the specific Conditions of the applicant’s Detention ... in view of his Physical Disability", and "a Violation of Article 5§1 of the Convention", about Personal Liberty (Comp. Supra), Deciding to "Award" to the Victim "EUR 3.000, (three thousand euros)", "in respect of Non-Pecuniary Damage, Plus any Tax that may be chargeable", due to be Paid by "the Respondent State", i.e., in this case, Ukraine.

 

(../..)

("Draft-News")

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    Before the end of 2009, France and Germany will take strong initiatives to open "new Horizons" needed by Europe and the World, going well beyond the current Crisis' management, anounced French President Nicolas Sarkozy and German Chancellor Angie Merkel, reassuring that both a judgement on Lisbon Treaty by nearby Karlsruhe German Federal Court, and the forthcoming National Elections in Germany would confirm their capacity to act.    

They were replying to Press questions in Berlin, after key-regional elections on Sunday, where Merkel's ChristianDemocratic party kept everywhere a strong 1st and won the possibility to forge a New Majority with Liberals at the largest of 3 Landers : Saxony (4 millions inhabitants), while its main competitor, the Socialdemocrat party fell to unprecedented lows : Tackled by the small "Linke" (left) party in Saarland (1 million inhabitants), it became even smaller than it in Saxony and Thuringen (3 million inhabitants), where SPD arrived only third. While its usual partners, the "Greens" also fell down, contrary to CDU's new partners, the FDP Liberals, who go up.

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    - "At any case, at the end of the year (2009), if things go as scheduled, we shall take strong initiatives, showing that Europe needs a Franco-German axis, as well as the World, even if it never excludes other" countries to join, replied Sarkozy to a question if France and Germany will revive the "European dream", by "relauncing the EU motor" for the Future, with actions going further than the mere management of the global crisis, (as it was done fex. in the Past with the creation of the "Euro" Monetary zone, etc).

    - "I am convinced that the Franco-German friendship must be constantly nourished by New Projects", he added."There are many areas of cooperation where we intend to take, very soon, some Franco-German initiatives, which will allow to open more Horizons" to the EU, Sarkozy stressed.

    But if "we don't speak about that now, it's only in order to avoid interfering in important elections coming in Germany", he observed. However, "we have already started to consider the Future with the (German) Chancellor, and what we can do in order to honour our predecessors". "We are already speaking about that, and we are preparing things". "I am working very well together with Mrs Merkel, and I wish that it goes on", Sarkozy concluded.

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    - "It's important for EU's credibility that France and Germany advance forward together", stressed Merkel from the outset. "Don't worry about Germany's capacity to undertake initiatives" with France, she added. "France and Germany will be perfectly able to make proposals" for the EU.

    -  "After-crisis" plans must be prepared, meanwhile, with measures "advancing progressively", Merkel anounced. And, for the short term, we must deal also with EU Citizens' dismay since they feel that it's a Scandal for some in the Financial Markets to be paid with excessive "Bonuses", etc, she agreed with Sarkozy.

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    Moreover, "Global Trade cannot be correctly dealt, without taking into account also Environmental and Social rules", Sarkozy added, referring to recently expressed positions against Unfair Competition via Environmental and/or Social Dumping, (See earlier "EuroFora"'s publications).

    Such moves are obviously linked to the need to ensure at least an elementary respect for Human Rights by Third Countries, (f.ex. exploitation of Children's work, etc) in order to avoid, precisely, any such Social Dumping.

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    Expressed on the occasion of recent developments in Iran, the same principles should logically apply also to other similar cases, including fex. that of Hundreds of ECHR judgements' condemning f;ex. Turkey for grave crimes, (as Torture, brutal Killings, Enforced "Disappearances", Destruction of Family Homes, harassments and oppressive violations of Freedom of Speech, etc).

    Meanwhile, questioned on (EU Commission's chair)  Barroso's bid to succeed himself for a second mandate, they both expressed a "wish" or a "feeling" that "EU Parliament"'s various political Groups might fix a date for decisions "during September". However, is he is endorsed before the entry into force of the Lisbon Treaty, it will be legally necessary to re-vote anew for a full term of office afterwards, according to EU Legal Experts, revealed recently in Strasbourg the experienced former President of EU Parliament's Constitutional Committee, German Socialist MEP Jo Leinen. And Germany will not vote for Lisbon Treaty's ratification but only "on September 8 and 18", revealed Merkel, ( i.e. after EU Parliament's plenary session in Strasbourg).

    - Therefore, "for EU Commissioners' appointment, it's too early yet, because we must wait for the ratification of Lisbon Treaty" by all 27 EU Member countries, including naturally Ireland's Referendum on early October, said to "EuroFora" the influential President of EU Parliament's largest group of MEPs, Joseph Daul, expressing, however, the hope that a controversial deal with the head of the Socialist Group of MEPs, Martin Schultz of Germany, might hold for Barroso alone, at a forthcoming vote due to fix the Strasbourg plenary's Agenda.

    But MEPs reportedly just "postponed" for 1 week all their previously scheduled group meetings (See : http://www.euractiv.com/en/future-eu/barroso-unveil-summer-homework-week/article-184825 );

    However, while the choice of a new EU Commission's President by EU Parliament is supposed, according to many MEPs' wish, take place according to EU policy issues, paradoxically, this would mean that Barroso's bid would pass before even the anouncement of France and Germany's "initiatives" for EU's "new Horizons"...

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