In today’s Chamber judgment in the case of Yunusova and Yunusov v. Azerbaijan (application no. 59620/14), the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 34 (right of individual petition) of the European Convention on Human Rights, and a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention.
The case concerned the allegation by Mr Yunusov and Ms Yunusova, husband and wife and well-known human rights defenders and civil society activists, that their medical care in detention had been inadequate. During the proceedings before the European Court, the couple had notably been granted their request (under Rule 39 of the Rules of Court – interim measures) to be provided with adequate medical care in prison.
The Court found that, despite monthly information reports having been provided about the couple’s health and medical examinations following the issuing of that interim measure, the Azerbaijani Government had failed to submit medical evidence – such as medical prescriptions or doctors’ recommendations – to back up their claim that the couple’s health had been stable and had not required a transfer to a medical facility. The very purpose of the interim measure granted by the Court, namely to prevent the couple’s exposure to inhuman and degrading suffering in view of their poor health and to ensure that they received adequate medical treatment in prison, had thus been impaired.
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Moreover, drawing inferences from the Government’s failure to provide full information on the medical treatment provided to the couple, the Court concluded that they had not been provided with adequate medical treatment in detention. As a result of that inadequate medical treatment, the couple had been exposed to prolonged mental and physical suffering, amounting to inhuman and degrading treatment.
The Court held that Azerbaijan was to pay 13,000 euros (EUR) in respect of non-pecuniary damage to each applicant and EUR 4,000, for costs and expenses to both applicants, jointly.
