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an incident during questioning, and there is no indication as to when such an
incident could have taken place.
Consequently, it cannot be confirmed that X’s most recent injuries were the
result of his own conduct, as described by the police. Therefore, it must be presumed that they were caused by police conduct. In this case, failure to provide
proper medical attention from the outset of custody not only breached the
safeguards to which X is entitled to when deprived of his liberty, it also led the
police to be held responsible for inhuman treatment.
Another issue arises in relation to the continued postponement of X’s eye
surgery.
As detainees and prisoners are in a very vulnerable position with regards to
their access to medical assistance, authorities have the obligation to provide
them with adequate and necessary medical treatment, especially when such
treatment is urgent.
X has suffered from severe ophthalmological problems for years. Several medical
reports during his detention established the need for him to receive an operation,
which the authorities were therefore aware of from very early in his incarceration. As his condition progressed, doctors stressed the urgency of this operation.
In spite of this, X was denied medical treatment for 6 years without valid reasons,
which caused him considerable pain for a prolonged period of time.
In light of the facts, it can be established that the authorities failed to provide
adequate and necessary medical treatment to X for his ophthalmological condition, which amounted to inhuman and degrading treatment.
* This case study is taken from the facts in both Wenerski v. Poland and Altay v. Turkey, and the
analysis of the question on the findings of the ECtHR in these cases.110
110
110 See, ECtHR, Wenerski v. Poland, Application No. 44369/02, 20 April 2009, <http://hudoc.
echr.coe.int/sites/eng/pages/search.aspx?i=001–90722>; and ECtHR, Altay v. Turkey,
Application No. 22279/93, 22 May 2001, <http://hudoc.echr.coe.int/sites/eng/pages/
search.aspx?i=001–64019>.
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