According to the reports, Russian citizen Dmitry Fedorov, who is currently being held in a pre-trial detention center, is not being provided with emergency medical care. It is indicated that, despite promises made to Fedorov's family members and the diplomatic mission of the Russian Federation, who is complaining of a severe toothache, the detainee’s right to medical care is not being ensured.
Tribunat investigated the issue of access to dental care for detainees in penitentiary institutions.
On July 1 of this year, the Ministry of Internal Affairs published a press release about the uncovering of two organized criminal groups consisting of Russian citizens. They were suspected of drug transit from Iran, online trafficking, and cyber fraud. On the same day, the Sabail District Court decided to sentence the accused to 4 months of pre-trial detention during the investigation period.
These arrests were not spontaneous, but were seen as a reaction by domestic law enforcement agencies to the murder of 2 ethnic Azerbaijanis and the detention of 9 others as a result of a Federal Security Service operation in Yekaterinburg, Russia on June 28,2025.
Dmitry Fedorov was among those detained as a result of the incident, which broke a diplomatic scandal between the two countries.
According to Russian sources, Fedorov had been residing in Baku for a month. He was studying at the University of Architecture and Civil Engineering in St. Petersburg. Although the moment of detention was marked by pathetic and humiliating acts of violence, relatives of the foreigners indicated the conditions of detention being adequate.
However, it is reported that D. Fedorov has not been provided with emergency medical assistance for his dental issue.
But how the right to access dental care for detainees and arrested is regulated?
Article 41 of the Constitution recognizes the right of everyone to health protection and medical care. The article, among other things, creates positive obligations for the Government regarding the development of healthcare services. According to Article 12 of the United Nations International Covenant on Economic, Social and Cultural Rights, to which Azerbaijan is a party, states recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. In accordance with the Covenant, the obligations that states must take to implement this right include steps taken to create conditions for the provision of medical care and medical services for all in case of illness.
According to Article 15 of the Law “On Ensuring the Rights and Freedoms of Persons in Places of Detention”, detainee and arrested have the right to be provided with medical and sanitary services during the period of detention. According to Article 22 of the Law, if a detainee or arrested falls ill or suffers a bodily injury, medical examination should be immediately carried out by medical personnel. The results of the medical examination are recorded and presented to the detainee or arrested, as well as to the legal counsel, if applied. Via Article, during the medical examination, special attention is paid to identifying physical and mental illnesses and taking measures necessary for their treatment.
According to the Internal Disciplinary Rules of Pre-trial Detention Facilities, there should be medical and sanitary stations in the pre-trial detention facility. According to Article 27.7 of the Rules, each call of a detainee to a doctor is ensured, conditions are created for the implementation of appropriate medical examination and assistance, and if necessary, the issue of changing the conditions of his detention is considered by the administration of the pre-trial detention facility in accordance with the doctor's opinion.
According to Article 3.1 of the Rules for the provision of medical and psychological assistance to detainee or arrested, as well as their detention in medical institutions, in cases of exacerbation of chronic diseases or during illness, medical workers carry out appropriate treatment and preventive measures on an outpatient or inpatient basis for a detainee or arrested. The procedures are carried out in a penitentiary treatment facility, and if necessary, in state medical institutions. An individual has the right to refuse treatment, in which case a note is made in the medical documents, complications or aggravations are explained to the person, but if the person insists, it is approved with the refusal via signature.
International recommendations on the organization of health services in penitentiary institutions specifically emphasize the need for dental services.
In accordance with the European Prison Rules, detainees should have access to the medical services available in the country, regardless of their legal status. As regards medical staff, the prison should have at least one qualified general practitioner. The services of this doctor should be available to detainees without delay. The services of qualified dentists and ophthalmologists should be available to every detainee.
The World Health Organization (WHO)'s “Prisoners and Health” guide emphasizes that prisoners need more regular dental services than the general population. The organization noted that prisoners often seek dental services in penitentiary institutions, that dental problems negatively affect prisoners' quality of life, and poor oral hygiene due to the conditions of imprisonment, and that prisoners often face delays in accessing services. The WHO recommends that sufficient specialists are available to provide dental services, that oral hygiene is promoted and that services are offered to prisoners on a large scale. The same problem is also addressed in the Council of Europe Guidelines on the Organisation and Management of Health Care in Prison.
There are systematic problems with access to medical services, as well as other material-legal guarantees for detainees in national penitentiary institutions. The media reports on the low level of medical services, especially dental services, the failure to meet prisoners' demands for treatment, and the fact that prisoners face corruption, prejudice, and inhuman treatment during treatment. The Ombudsman's report on the activities of the National Preventive Mechanism Against Torture for 2023 noted the discovery of expired medicines, non-sterile bandages, medical supplies stored in unsanitary conditions in penitentiary institutions, the poor quality of medical care for prisoners, and the formal nature of the activities of practitioners.
There is scattered data about the level of dental services in local penitentiary institutions. According to information periodically disseminated in the media, dentists operate in penitentiary institutions, in Garadagh and Lankaran complexes. One of the figures of the “Abzas Media” case, journalist Nargiz Absalamova, stated that dental services in the Baku Pre-Trial Detention Center are provided on a paid basis and practitioners do not work according to their qualifications.
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter, the CPT) indicated some positive changes in the provision of medical care in penitentiary institutions in its last ad hoc visit in 2022, but also highlighted the existence of systematic problems. Per CPT, medical professionals in institutions need more training, examinations carried out in many cases remain superficial, medical secrecy and confidentiality of prisoners are violated, the level of medical documentation is insufficient, and the number of specialists and equipment for the provision of first aid is insufficient. In its 2013 visit, the CPT noted that dental services are provided only in emergency cases and that changes are necessary.
In Fedorov’s case, the failure to provide access to dental services may lead to a violation of the rights of a detainee. Although the European Convention on Human Rights (ECHR) does not contain a specific provision on health care or the protection of health, the European Court has recognised the provision of medical care in prisons as a positive obligation on the Government. Failure by the Government to fulfil this obligation may lead to a violation of Article 3 (prohibition of torture) and, in the event of the applicant’s death, of Article 2 (right to life).
The reports emphasize that Dmitry Fedorov has a severe toothache and urgently needs dental intervention. Nonetheless, despite promises from the penitentiary officials, Fedorov’s relatives state that no practical steps have been taken. This situation, in perspective, raises the issue of a violation of Article 3 of the ECHR.
In Kudła v. Poland, the ECtHR highlighted “adequate provision of health and well-being, and the provision of necessary medical care” in the list of positive obligations of the Government in penitentiary institutions (§94).
In Paladi v. Moldova, the fact that the applicant was not provided with medical assistance was found to be a violation of Article 3 (§72).
In Ashot Harutyunyan v. Armenia and Pilčić v. Croatia, the Governments’ failure to provide applicants with the services of a cardiovascular specialist and their consequent prolonged suffering were recognized as a violation of Article 3.
The ECtHR found a violation of Article 3 in two cases because of the lack of dental services in a penitentiary. In the cases of V. D. v. Romania and Benyukh v. Ukraine, the absence and delay in providing dental services to prisoners, and the failure to provide dentures to both applicants, amounted to a violation of Article 3. “The Court has no reason to doubt the pain caused by the applicant’s lack of dentures, the changes in his speech and appearance, and the suffering caused by his state of health” (Benyukh v. Ukraine, § 21).
“Tribunat” concludes that the case of Dmitry Fedorov is a clear manifestation of the insufficient level of medical services in Azerbaijani penitentiary institutions. Despite the periodic coverage of this problem, no practical steps are taken. Hence, the rights to protection of prisoners' health and the prohibition of torture are violated.
