Could European Court of Human Rights Overturn Russia’s Ban on Drugs to Treat Heroin Dependence?

A recent decision in the European Court of Human Rights (ECHR) could have significant implications for an upcoming challenge against Russia’s ban on opioid substitution therapy (OST).

In ruling issued earlier this month, the ECHR deemed that Germany’s obstruction of OST to Wolfgang Wenner, a man with a history of opioid dependence dating back to 1973, violated Article 3 of theEuropean Convention on Human Rights (CHR): “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”.

Over two decades ago Wenner was first prescribed levomethadone, a synthetic opioid analgesic used in OST to reduce the risk of overdose and contracting blood-borne viruses, and to bring stability to the individual’s life. Despite being engaged in OST for 17 years, Wenner’s prescription was suddenly halted in 2008 when he was arrested and subsequently imprisoned. Germany’s court system struck down numerous appeals to have his OST reinstated.

The ECHR stated in its ruling that “the refusal to provide [Wenner] continuously with drug substitution treatment, despite his manifest opioid addiction, caused him considerable and continuous mental suffering for a long time.”

This recent ruling sets an interesting precedent for a similar case being brought to the ECHR, whereby three Russian plaintiffs are challenging Russia’s long-standing ban of OST.

Alexey Kurmanayevskiy, Irina Abdyusheva Teplinskaya, and Ivan Anoshkin have all long-experienced opioid dependence, and are living with both HIV and Hepatitis C. The three activists state that Russia’s approach to drug dependence - in which “all treatment […] is abstinence oriented” - is insufficient, and argue that the government’s prohibition of OST violates Articles 3, 8 (right to respect for private and family life) and 14 (prohibition of discrimination) of the CHR.

Among the 47 countries that comprise the Council of Europe, Russia is the only state to prohibit OST.

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Thumbnail: Flickr CC barnyz