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

WHO for re-treatment cases, the applicant received a number of anti-tuberculosis medicines and concomitant antihistamine drugs, which were administered to him in the requisite dosage, at the right intervals and within the appropriate duration. During the entire period of his treatment the applicant was subjected to regular and systematic clinical and radiological assessment and bacteriological monitoring, which formed part of the comprehensive therapeutic strategy aimed at curing the disease. The detention authorities also effectively implemented the doctors' recommendations of a special dietary ration necessary for the applicant to improve his health (see, by contrast, Gorodnitchev v. Russia, No. 52058/99, § 91, 24 May 2007).
69. Furthermore, the Court attributes particular weight to the fact that the facility administration not only ensured that the applicant was attended by doctors, his complaints were heard and he was prescribed a trial of anti-tuberculosis medication, but they also created the necessary conditions for the prescribed treatment to be actually followed through (see Hummatov, cited above, § 116). The Court notes that the intake of medicines by the applicant was supervised and directly observed by the facility medical personnel throughout the whole re-treatment regimen as required by the DOTS strategy (see paragraph 49 above). In addition, in a situation when the authorities met with the applicant's occasional refusal to cooperate and his resistance to the treatment they offered him psychological support and attention, having provided clear and complete explanations of medical procedures, the sought outcome of the treatment and negative side-effects of interruption of treatment or irregular medication (see, by contrast, Gorodnitchev, cited above, § 91; Testa v. Croatia, No. 20877/04, § 52, 12 July 2007; and Tarariyeva v. Russia, No. 4353/03, § 80, ECHR 2006-XV (extracts)). The authorities' actions permitted the applicant's adherence to the treatment and compliance with the prescribed regimen to be assured, a key factor in tuberculosis treatment success.
70. After conviction, which made the applicant's continued detention in facility IZ-25/1 impossible, he was transferred to the tuberculosis hospital. The medical records pronouncing the applicant's diagnosis on his discharge as "infiltrative tuberculosis of the right lung in the resolution and consolidation phase", as well as negative results of sputum smear examinations, showed positive dynamics of the applicant's treatment, meaning that he was recovering. The applicant's transfer to the tuberculosis hospital was accompanied by recommendations from doctors of the detention facility No. IZ-25/1 to continue HRE treatment regimen. The Court is particularly mindful of the fact that without bluntly accepting the recommendations of the facility medical personnel, the tuberculosis hospital specialists gave an independent assessment of the applicant's case on the basis of the clinical examinations, radiography and bacteriological tests performed in the hospital. Recommendations of the detention facility doctors having been considered valid, the applicant continued the prescribed treatment regimen. Nothing in the case file can lead the Court to the conclusion that the applicant did not receive comprehensive medical assistance during that stage of his tuberculosis treatment. The list of tests submitted by the Government included regular X-ray exams, sputum smear tests, further clinical analysis and examinations by tuberculosis specialists. The applicant did not deny that medical supervision had been provided and tests had been carried out in the tuberculosis hospital, or that the prescribed medication had been provided, as indicated in the medical records submitted by the Government. In fact, he did not indicate any defect in his medical care in the tuberculosis hospital.
71. Finally, after the c



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