Постановление Европейского суда по правам человека от 30.09.2010 «Дело Пахомов (Pakhomov) против России» [англ.]

f the applicant's illness were recorded by the medical personnel during the treatment. The treatment resulted in clinical recovery from tuberculosis. At the same time, despite the positive effect of the treatment, the doctors continued their supervision, assigning the applicant to regular medical examinations and procedures, and providing him with seasonal further courses of anti-tuberculosis treatment, to avoid a relapse. In addition, the applicant was provided with a specialised enriched food regimen.
56. The applicant stressed that he had acquired his illness in 2003. He underwent necessary treatment and the illness was rendered inactive. It was not until his arrest that his health seriously deteriorated in view of the complete absence of medical attention. As a result, he relapsed and he was forced to undergo painful and stressful treatment, including agonising chemotherapy, for almost two years. Moreover, the medical personnel of the detention facilities ignored his complaints and requests. The proper treatment was only administered after intervention by the applicant's lawyer.

B. The Court's assessment

1. Admissibility

57. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and that it is not inadmissible on any other grounds. It must therefore be declared admissible.

2. Merits

(a) General principles
58. The Court reiterates that Article 3 of the Convention enshrines one of the most fundamental values of democratic society. It prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the circumstances and the victim's behaviour (see, for example, Labita v. Italy [GC], No. 26772/95, § 119, ECHR 2000-IV). Ill-treatment must attain a minimum level of severity if it is to fall within the scope of Article 3. The assessment of this minimum is relative; it depends on all the circumstances of the case, such as the duration of the treatment, its physical and mental effects and, in some cases, the sex, age and state of health of the victim (see, among other authorities, Ireland v. the United Kingdom, 18 January 1978, § 162, Series A No. 25).
59. Ill-treatment that attains such a minimum level of severity usually involves actual bodily injury or intense physical or mental suffering. However, even in the absence of these, where treatment humiliates or debases an individual, showing a lack of respect for or diminishing his or her human dignity, or arouses feelings of fear, anguish or inferiority capable of breaking an individual's moral and physical resistance, it may be characterised as degrading and also fall within the prohibition of Article 3 (see Pretty v. the United Kingdom, No. 2346/02, § 52, ECHR 2002-III, with further references).
60. In the context of deprivation of liberty the Court has consistently stressed that, to fall under Article 3, the suffering and humiliation involved must in any event go beyond that inevitable element of suffering and humiliation connected with the detention (see, mutatis mutandis, Tyrer v. the United Kingdom, 25 April 1978, § 30, Series A No. 26, and Soering v. the United Kingdom, 7 July 1989, § 100, Series A No. 161).
61. The State must ensure that a person is detained in conditions which are compatible with respect for human dignity, that the manner and method of the execution of the measure do not subject him to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given the practical demands of imprisonment, his health and well-being are adequately secured (see {Kudla} v. Poland [GC], No. 30210/96, §§ 92 - 94, ECHR 2000-XI, and Popov v. Russia, No. 26853/04, § 208, 13 July 2006). In most of the cases concerning the detention of people who are ill



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