Постановление Европейского суда по правам человека от 23.04.2009 «Дело Попов и Воробьев (Popov and Vorobyev) против России» [англ.]

of violation of Article 3 (see Kalashnikov v. Russia, No. 47095/99, § 101, ECHR 2002-VI).
62. There has therefore been a violation of Article 3 of the Convention on account of the conditions of the applicants' detention in detention centre IZ-25/1.

B. Alleged lack of medical assistance

1. Submissions by the parties

63. The applicants submitted that while in detention in IZ-25/1 they had been deprived of medical assistance. In particular, they submitted that their complaints about dental and kidney problems had either been disregarded by the medical staff of the detention centre or they had been provided with inadequate medical assistance.
64. The Government pointed out that the applicants had failed to exhaust domestic remedies as they had never complained about the lack of medical assistance to the administration of the detention centre. The Government contended furthermore that the applicants' allegations about the lack of medical assistance were unsubstantiated as IZ-25/1 was fully supplied with the necessary medicines and the applicants had never applied for any medical assistance during their detention. Further the Government stated that even though at the material time the medical unit of the detention centre did not have the licence to practice medicine, if the applicants would have applied for medical assistance, they would have been either assisted by the medical staff and provided with necessary treatment and medicines or they could have been referred to other hospitals in Vladivostok.

2. The Court's assessment

Admissibility
65. The Court reiterates that the rule of exhaustion of domestic remedies obliges those seeking to bring their case against the State before an international judicial or arbitral organ to use first the remedies provided by the national legal system. The rule is based on the assumption that there is an effective remedy available in respect of the alleged breach in the domestic system whether or not the provisions of the Convention are incorporated in national law. In this way, it is an important aspect of the principle that the machinery of protection established by the Convention is subsidiary to the national systems safeguarding human rights (see Handyside v. the United Kingdom, 7 December 1976, § 48, Series A No. 24). At the same time, it is incumbent on the Government claiming non-exhaustion to satisfy the Court that the remedy was an effective one available in theory and in practice at the relevant time, that is to say, that it was accessible, capable of providing redress in respect of the applicant's complaints and offered reasonable prospects of success (see Selmouni v. France [GC], No. 25803/94, § 76, ECHR 1999-V, and Mifsud v. France (dec.), No. 57220/00, § 15, ECHR 2002-VIII).
66. The Court notes that according to the applicants' submission, they applied for medical assistance at the detention centre but their requests were either rejected by the staff of the medical unit or they were provided with inadequate treatment (see paragraph 31). However, it does not transpire from the submitted materials that in spite of this alleged lack of medical care the applicants ever complained about it to the administration of IZ-25/1. In addition, the Court notes that the information concerning the absence of the medical licence at the medical unit was obtained by the applicants in April 2006 that is more than five years after the applicants were released from the detention centre (see paragraph 32) and that this fact was never brought by the applicants to the attention of competent domestic authorities. The Court further observes that the applicants raised the issue of the alleged lack of medical assistance only in the context of their requests for release pending trial and only as one of the grounds for their release, but not as a s



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