4.  The applicant was born in 1972 and lives in Kharkiv.
5.  According to the applicant, at 2 p.m. on 3 May 2005 he was arrested at his home, without any reason being given, and taken to the Ordzhonikidzevskyy district police station (Орджонікідзевський районний відділ Харківського міського управління Міністерства внутрішніх справ України в Харківській області), where he was handcuffed to a radiator. At around 10 p.m. he was brought before an investigator. There he was put on the floor with his hands handcuffed behind his back and was beaten by five or six police officers in his stomach and his liver. The officers then put on a gas mask on him with the air passage blocked and cigarette smoke was blown into it. The officers demanded that he confess “to crimes he had committed”. This treatment continued for one hour and the applicant was then placed in a cell. The next morning, the applicant experienced severe abdominal pain and requested medical assistance (see paragraph 8 below).
6.  The Government denied all allegations of ill-treatment. However, they could not provide any factual information as to whether the applicant had been present at the police station on the date in question as the time-limit for keeping the relevant documents had expired and the admissions register of the police station had been destroyed.
7.  On 4 May 2005 criminal proceedings were instituted against the applicant and two other persons for a robbery which had taken place on 12 April 2005.
8.  On the same date the applicant complained to the duty officer that he was experiencing acute abdominal pain. At 10 p.m. an ambulance was called and he was transferred to Kharkiv City Hospital no. 17 (“hospital no. 17”). Upon admission, the applicant stated that he had fallen onto a concrete floor on 3 May 2005. His state of health had been classified as being of medium gravity. His initial medical examination revealed no visible bodily injuries. The applicant had an abdominal distention, felt moderate pain in the left part of his midabdomen and kidney region (“positive” Pasternatsky symptom) and had “negative” peritoneal signs. He was transferred to the surgical ward in order to verify if he had an abdominal trauma and retroperitoneal hematoma (тупа травма живота та позачеревна гематома). The applicant underwent ultrasound and X‑ray examinations as well as urine and blood tests. No pathology had been revealed apart from intestinal pneumatosis which, according to the medical report, could have been an indirect indication of a possible retroperitoneal trauma. The relevant treatment was prescribed to the applicant.
9.  On 5 May 2005, according to the medical records, the applicant had no longer experienced pain and his health ameliorated. He was discharged from hospital in a satisfactory condition, after being given the relevant recommendations as to further medical treatment. The applicant alleged that the police forced the hospital officials to discharge him despite his poor state of health.
10.  On the same date the applicant, having waived his right to legal assistance, confessed to the crime in question and was arrested. The relevant parts of the arrest reports read as follows:
“Investigator ... K., on 5.05.2005 at 18:00 in accordance with Article 115 of the Criminal Procedure Code of Ukraine detained, on suspicion of the commission of a crime: Dolganin Valeriy Nikolayevich ...
Brought before the investigator ... or actually arrested: on 5.05.2005 ...”
11.  He was taken for a forensic medical examination, which was conducted in the presence of a police officer. The relevant report suggests that no bodily injuries were noted by the forensic expert and no complaint was raised by the applicant. According to the applicant, the examination was only superficial and he was forced by the police to keep silent about his ill‑treatment.
12.  Later on the same day the applicant was questioned as a suspect and confirmed his earlier statements, having again waived his right to legal assistance.
13.  On 6 May 2005 the applicant was charged with robbery and questioned in the absence of a lawyer. He confirmed the statements he had given earlier.
14.  On the same date, the applicant complained about nausea, abdominal pain, bloating, fatigue and a dry throat and was transferred to Kharkiv City Hospital no. 2 (“hospital no. 2”), where he underwent a full-scale medical examination. During the examination, the applicant again stated that on 3 May 2005 he had fallen onto a concrete floor. He was diagnosed with a twisted sigmoid colon and acute intestinal obstruction requiring surgery. On 7 May 2005 the surgery was performed and on 13 May 2005 the applicant was discharged from hospital in a satisfactory condition.
15.  On 13 June 2005, in the presence of witnesses, the applicant refused to participate in a reconstruction of the crime for health reasons, referring to testimony he had given earlier.
16.  On 13 April 2007 the Ordzhonikidzevskyy District Court sentenced the applicant to seven years’ imprisonment on one count of robbery. The operative part of the judgment provided that the term of the applicant’s imprisonment should be calculated from 3 May 2005, the day of his actual arrest.
17.  On 12 February 2009 the Kharkiv Regional Court of Appeal upheld this decision.
18.  On 9 June and 29 July 2009 the Supreme Court of Ukraine rejected the applicant’s request for leave to lodge an appeal on points of law.
19.  From 16 May 2005 to 19 June 2009 the applicant was detained in the Kharkiv SIZO. On 19 June 2009 he was transferred to another pre-trial detention facility and, later on, to a prison. The applicant’s complaint about inadequate medical treatment raised before the Court concerns the Kharkiv SIZO only.
20.  According to the applicant, the medical care provided to him during his detention in the Kharkiv SIZO was inadequate and resulted in a deterioration of his health.
21.  The Government’s submitted that the applicant’s intestinal problems had a long history and were of a chronic nature. The applicant’s medical file suggests that in 2003, while serving a prison sentence for another conviction, the applicant was recognised as falling into the second category of disability because of his intestinal problems and the need for appropriate surgery was stressed by physicians.
22.  On 16 May 2005 upon his arrival at the Kharkiv SIZO the applicant underwent a medical examination and was prescribed post-surgical medical treatment. His name was put on the list for regular medical check-ups.
23.  On 3 June 2005 the SIZO generalist doctor advised that the previously prescribed treatment should be continued.
24.  On 6 June 2005 the applicant underwent an X-ray examination and was diagnosed with post-tuberculosis residual effect. The applicant was prescribed anti-relapse medical treatment, a special diet and regular medical check-ups.
25.  On 23 August 2005 the generalist doctor diagnosed the applicant as having peritoneal adhesions and prescribed him the relevant treatment.
26.  On 28 November 2005 the applicant’s chest was X-rayed and found to be healthy.
27.  On 18 May 2006 the applicant was examined by a surgeon and diagnosed with a post-laparotomy condition.
28.  On 17 August 2006 a generalist confirmed that the applicant was suffering from peritoneal adhesions and prescribed him the relevant treatment.
29.  On 17 October 2006 the applicant complained to the medical unit about stomach problems. The relevant treatment was prescribed to him.
30.  On 8 December 2006, following further complaints about his health, the applicant was diagnosed with angioneurosis and prescribed the respective treatment.
31.  On 26 February 2007 the applicant was diagnosed with bronchitis. The appropriate treatment was prescribed and the applicant was further recommended to consult a tuberculotherapist, which he did on 28 February 2007. No signs of active tuberculosis were found.
32.  On 1 and 7 March 2007 follow-up examinations were conducted. The applicant’s health was found to be improving. Thereafter and until his transfer to another detention facility on 19 June 2009, the applicant did not again consult the medical unit of the Kharkiv SIZO.
33.  On 23 June 2009 and 12 October 2010 because of his intestinal problems, the applicant was recognised as falling into the second category of disability for a one-year period and the third category of disability for the remaining imprisonment term, respectively.
34.  On 5 January 2012 the applicant was granted early release.
35.  On 20 February 2006 the applicant complained to a prosecutor about his ill-treatment by the police on 3 May 2005. He provided a detailed account of events and asked for the admissions register of the police station to be produced as evidence.
36.  On 2 March 2006 the Ordzhonikidzevskyy district prosecutor’s office (“the district prosecutor’s office”) refused to institute criminal proceedings against the police officers for the lack of corpus delicti. In doing so, the prosecutor relied on the results of the forensic medical examination of 5 May 2005, the diagnosis made at hospitals nos. 2 and 17, and the fact that the investigator in charge of the applicant’s criminal case denied all allegations of ill-treatment.
37.  On 8 August 2006 and 5 September 2006 the applicant’s mother and the applicant, respectively, again complained to the district prosecutor’s office about the applicant’s ill-treatment by the police on 3 May 2005. In letters dated 18 September 2006 the prosecutor informed the applicant and his mother that a similar complaint from the applicant had already been examined and declared ill-founded on 2 March 2006.
38.  On 14 September 2006 the Kharkiv regional prosecutor’s office (“the regional prosecutor’s office”) set aside the aforementioned decision of 2 March 2006 on the grounds that the inquiry had been incomplete and ordered an additional investigation.
39.  On 11 and 28 September 2006 and on 20 October 2006 the district prosecutor’s office again refused to institute criminal proceedings, giving similar reasoning to that given in respect of its decision of 2 March 2006.
40.  On 28 April 2007 the regional prosecutor’s office overruled the decision of 20 October 2006 on the grounds that the inquiry had been incomplete. The prosecutor expressly indicated the measures to be taken in the course of the additional inquiry. It was noted that the applicant and the police officers needed to be questioned in detail about the circumstances in which the alleged ill-treatment had taken place, including the exact place and time of the ill-treatment, the persons involved and their individual role in the alleged incident. Moreover, possible witnesses who could confirm or disprove the fact of the ill-treatment needed to be identified, and medical specialists who had examined the applicant had to be questioned and the relevant medical documents demanded and obtained.
41.  On 24 May 2007 the prosecutor again refused to institute criminal proceedings against the police officers.
42.  On 25 May 2007 the above decision was dismissed as premature by the regional prosecutor’s office and the relevant instruction to conduct a further inquiry was given once again.
43.  On 1 June 2007 the prosecutor’s office again refused to institute criminal proceedings in response to the applicant’s complaint as there was no medical or other evidence to support the applicant’s allegations.
44.  On an unspecified date the above decision was again overruled by a higher prosecutor and an additional investigation ordered. The parties did not inform the Court as to the outcome of that additional investigation.
45.  During the trial in his criminal case the applicant complained that his confession had been obtained from him by the police under duress. In the judgment of 13 April 2007, by which the applicant was convicted, his ill‑treatment complaint was dismissed as unsubstantiated mainly on the basis of the forensic medical report of 5 May 2005 and the results of the inquiries conducted by prosecutors in respect of the applicant’s complaints. The court also observed that during the whole pre-trial investigation the applicant had acknowledged his guilt and had never complained about any ill-treatment, and that he had not retracted his statements until the trial (which the court considered that he did simply as part of his defence strategy). In the appeals against his conviction before the Kharkiv Regional Court of Appeal and the Supreme Court, the applicant referred to a medical certificate issued by hospital no. 17 in which it was noted that he had sustained an abdominal injury. He stated, in particular, that this evidence of his ill-treatment had been completely disregarded by the trial court. In their judgments, the higher courts dismissed the applicant’s allegation of ill‑treatment on the same grounds as the first-instance court.