Access to a patient’s medical file and transfer to a foreign hospital. Interim measures and their lift.

Aleksey Navalnyy v. Russia 21.08.2020 and 24.08.20

SUMMARY

Right to life and imminent danger. Request for interim measures so that Russia allows the patient’s family and their authorized doctors to access him and assess whether he is suitable for transport to Germany for treatment.

The ECtHR initially accepted the interim measures and when the applicant was immediately transported to a Berlin hospital for treatment, the Court lifted them.

PROVISIONS

Article 2

Article  39

JUDGMENT

Α. The Court grants an interim measure in favour of Aleksey Navalnyy

The European Court of Human Rights has today granted a request for an interim measure on behalf
of Aleksey Navalnyy, indicating to the Russian Government to allow his family and doctors to have
access to him and see if he is fit for transfer to Germany for treatment.

The Court, after receiving a request on Mr Navalnyy’s behalf by his legal representative under Rule
39 of the Rules of Court on interim measures, decided to indicate to the Russian Government the
following interim measures, to be enforced without delay, and in any event by noon on 22 August
2020:

– to ensure that the applicant’s family (wife) has access to his medical file from Omsk hospital;
– to ensure that the medical practitioners appointed by the applicant’s family have access to him in
order to examine him and conclude if the applicant is fit for transfer for further treatment in
Germany;
– to inform the Court of the medical treatment the applicant receives, if any, and his current
condition.

The Court has also asked both parties for a report by 24 August at 2 p.m. (French time) by doctors
with the necessary relevant expertise on the applicant’s fitness for transport to Germany, if needed
in a medically equipped plane. The Court also asked the Government to submit to the Court a copy
of the applicant’s medical file by the same deadline.

According to the Rule 39 request, Mr Navalnyy, an opposition political activist, is in a coma on
ventilation in a hospital in the town of Omsk after falling ill on a flight. His family has asked for
permission to transport him to the Charité hospital in Berlin for treatment as he otherwise faces a
risk to his life or health, in violation of Article 2 (right to life) of the European Convention on Human
Rights.

Interim measures are decided in connection with proceedings before the Court, without prejudging
any subsequent decisions on the admissibility or merits of the case. The Court grants such requests
only on an exceptional basis, when applicants would otherwise face a real risk of irreversible harm.

Β.The European Court of Human Rights has lifted the interim measure granted in
favour of Aleksey Navalnyy

The European Court of Human Rights has today decided to lift the interim measure which it
indicated to the Russian Government on Friday in favour of Aleksey Navalnyy in order to ensure that
his family and doctors had access to him and to see if he was fit for transfer to Germany for
treatment.

The Court decided to lift the interim measure, which was granted under Rule 39 of the Rules of
Court, after Mr Navalnyy was flown early on Saturday for treatment in the Charité hospital in Berlin.
The parties have been informed of the Court’s decision

 


ECHRCaseLaw

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