Постановление Европейского суда по правам человека от 13.07.2010 <Дело Лопата (Lopata) против России» [англ.]

br /> Ds[diagnosis]: acute chronic otitis on the left [side] [обострение хронического отита слева]...
...
25 October 2001... The left ear does not hear from a distance of 5 m[etres].
Ds: deafness in the left ear."
(b) Forensic medical report No. 1060 of 18 September 2000
27. According to forensic report No. 1060 dated 18 September 2000 and issued following investigator Kh.A.'s request for the applicant's medical examination (see below), on 14 September 2000 expert G. examined the applicant in the presence of A.M. with a view to establishing whether the applicant had any injuries. The report, in its relevant part, reads:
"...present during the examination: convoy [officer] A.M...
Examination started 14 September 2000.
Examination finished 18 September 2000.
...
Circumstances of the case: ...from the decision ordering the examination it follows that [the applicant] submitted that police officers had applied physical force to him.
Complaints: about pain in the left ear.
Objectively: at the time of examination no bodily injuries established....
Conclusions
At the time of examination no bodily injuries were established, thus it is impossible to comment on the degree of damage to health..."
(c) Documents concerning the applicant's treatment in the Uchaly town hospital
28. On 21 September 2000 the applicant's lawyer complained to the district prosecutor's office that the applicant had not received treatment for pain in his left ear. On the following day the district prosecutor ordered the applicant's immediate transfer to the Uchaly town hospital for examination by an otolaryngologist and eventual treatment.
29. On 26 September 2000 the applicant's lawyer requested the town hospital to provide her with all relevant information and medical records in connection with the treatment of the applicant's allegedly broken eardrum, with a view to submitting those documents to the court. In particular, she asked the hospital to indicate the exact diagnosis, the treatment received and the consequences of the disease for the applicant's health.
30. In an undated reply the hospital's head doctor informed the applicant's lawyer that the applicant had been examined by an otolaryngologist who had diagnosed him with acute suppurative left-side "tubotympo-palpitis" [туботимпопальпит] and otitis media. The letter further stated that in order to provide further information, in particular, on the duration of the treatment and the consequences of the diseases for the applicant's health, he needed to be examined by the otolaryngologist in person.
(d) Medical certificate of the Akhunovo village hospital
31. According to a medical certificate of 7 February 2005 from the Akhunovo village hospital, the applicant did not apply to the hospital for medical assistance in the period from 1997 to 2000.
(e) Certificate of the head of colony UYe-394/3
32. A certificate from the head of colony UYe-394/3 Mr M., dated 8 January 2004 and compiled on the basis of the applicant's medical file, in so far as relevant, reads:
"Upon admission to facility [SI-2 in Beloretsk] on 11 September 2000 [the applicant] was examined by the duty medical officer, Sh., to whom the former complained about pain in his left ear; according to a record in the [applicant's] medical file, he was diagnosed with acute chronic otitis on the left [side]...; at the time of the examination cutaneous covering were clean and the state of health satisfactory. [The applicant's name] does not appear at the relevant period in the medical records, the log of injuries and the log on accidents and crimes."

3. Statements by witnesses

(a) Statements by the applicant

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