Постановление Европейского суда по правам человека от 01.04.2010 «Дело Ахметов (Akhmetov) против России» [англ.]

of which the most recent one ruled out radical surgery. The question to be discussed is whether the authorities took all necessary steps in order to ensure that the applicant received adequate treatment.
3. Having obtained medical opinions recommending surgery, the authorities went on to arrange the tests prescribed by the doctors. Furthermore, they convened a special medical council, the SMK, to decide on the applicant's early release. The SMK found, however, that the applicant's condition did not fall into the category of illnesses that constituted grounds for such release. I have no reason to contest this finding. Subsequently the authorities were presented with medical opinions that stated that surgical treatment was not recommended, because it posed a threat to the applicant's life. However, even after these opinions were issued, the authorities continued to take measures to investigate the feasibility of radical treatment. They contacted several civilian medical institutions in this regard, but all of them refused to accept the applicant for treatment, due to lack of adequate technical facilities and qualified staff.
4. Although the applicant argued that the authorities had refused to place him in a civilian hospital for surgery, he did not present documents containing the consent of a particular medical institution to conduct such medical intervention. Furthermore, none of the doctors who examined the applicant, including those who recommended the radical treatment, provided any recommendations as to where it could be conducted.
5. Concluding, I note firstly that the authorities provided the applicant with numerous medical examinations and conducted conservative treatment of his disease. Secondly, they took all necessary steps which could realistically be expected, in order to clarify whether the applicant could be given radical treatment, and to facilitate it practically. The authorities acted adequately and with reasonable speediness. I therefore find it untenable to conclude that there has been a violation of Article 3.

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