A person deprived of liberty submitted a complaint to the Human Rights Defender, claiming that the penitentiary institution does not ensure his right to adequate medical treatment.
According to the complaint, the penitentiary institution was partially providing the assigned medication to the person deprived of liberty, who had been subjected to medical screening in a specialized medical institution. However, the monthly examination, prescribed by a doctor, was not conducted.
As a result of the consideration of the complaint, the Human Rights Defender adopted a decision on violation of human rights confirming the statement of the person deprived of liberty.
Afterwards, the person deprived of liberty appealed the inaction of the penitentiary institution in a judicial proceeding, attaching the above-mentioned decision of the Human Rights Defender to the materials presented to the Court.
The person appealed the First Instance Court’s refusal to the RA Court of Appeal. The latter, while checking the lawfulness and reasonableness of the decision of the First Instance Court of General Jurisdiction in an open proceeding, also referred to the Defender's decision on the violation of human rights.
As a result, the Appellate Court partially granted the appeal, quashed the decision of the lower court and sent the case to the First Instance Court of General Jurisdiction for new examination.