Dyurki v. Ukraine

FIFTH SECTION

Application no. 43530/21 Valeriya Borysivna DYURKI

against Ukraine

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 14 September 2023 as a Committee composed of:

Carlo Ranzoni, President, Lado Chanturia, María Elósegui , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 19 August 2021,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant’s complaints under Article 3 of the Convention concerning the inadequate medical treatment in detention were communicated to the Ukrainian Government (“the Government”).

THE LAW

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the applicant’s complaint is inadmissible.

In particular, the Court notes that the applicant’s detention ended on 11 February 2021, while she only lodged her application with the Court on 19 August 2021. It follows that the respective complaints were lodged more than six months after the end of the situation in respect of which the State could be held responsible for the inadequate medical treatment in detention.

In view of the above, the Court finds that this application must be rejected pursuant to Article 35 §§ 1 and 4 of the Convention for having been lodged too late.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 5 October 2023.

Viktoriya Maradudina Carlo Ranzoni Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

(inadequate medical treatment in detention)

Application no.

Date of introduction

Applicant’s name

Year of birth

Principal medical condition

Shortcomings in medical treatment

43530/21

19/08/2021

Valeriya Borysivna DYURKI

1982

bronchial asthma, pulmonary emphysema, diffuse pneumosclerosis, pulmonary insufficiency

lack of/delay in medical examination, lack of necessary conditions for treatment

02/09/2020 to

11/02/2021

5 months and 10 days