Death in a Kirovohrad remand prison: was it murder or not?

Anatoliy Levchun, a 22-year-old resident of Svitlovodsk, died in intensive care after being held at the Kirovohrad remand prison (SIZO). Law enforcement officials claim that nothing illegal occurred. However, the deceased’s mother, her lawyer, and the Vinnytsia Human Rights Group are convinced that the young man was tortured in the detention centre.

The police took Anatoliy Levchun directly from the Svitlovodsk Central District Hospital on 18 March, where he was being treated for an acute respiratory infection. Levchun was accused of robbery.

‘Anatoliy was registered with a psychiatrist; as a result of an expert assessment, it was determined that he was unfit to stand trial and required treatment in a psychiatric hospital,’ lawyer Olena Kozyarchuk, who represents the mother of the deceased, told ‘Kirovohrad.proUA.com’. ‘This means they had no right to keep him in a detention centre. Furthermore, there is a response from the central hospital which clearly states that Levchun was discharged having recovered. On 28 April, I was provided with a list of Anatoliy’s illnesses, signed by the head of the SIZO and the head of the detention centre’s medical unit. It includes hyperthermic syndrome, and chronic sepsis could not be ruled out. During his time in the detention centre, temperature spikes from 36.7 to 38.6 degrees were recorded.’

From 21 to 23 May, Levchun was in the intensive care unit of the Kirovohrad Regional Hospital, where he was treated for focal pneumonia of the lower lobe of his left lung, pneumofibrosis, and pulmonary emphysema. The young man returned to the SIZO in a ‘moderately severe’ condition of health.

On 21 May, the lawyer filed a motion with the court to change the preventive measure for the ill man. On 28 May, the court decided to send Anatoliy Levchun for treatment at a psychiatric hospital.

‘Anatoliy was carried out on a stretcher,’ Kozyarchuk recounted. ‘When the young man arrived at the SIZO, he weighed about 50 kilograms, but when they carried him out, he weighed 36. His beard had grown out, he was, forgive me, defecating where he lay, he was not eating or drinking, he was completely emaciated and showed signs of beatings. He was not being looked after at all. Furthermore, his mother was not allowed to photograph her son.’

The mother managed to insist that Anatoliy be taken first to a hospital for a general examination. There, the doctors decided to transfer Levchun to the infectious diseases ward. On 2 June, at about 5 a.m., Anatoliy Levchun died.

‘Levchun’s mother confirmed to us that there were signs of beatings on her son’s body,’ Dmytro Groisman, coordinator of the Vinnytsia Human Rights Group, informed ‘Kirovohrad.proUA.com’. ‘Moreover, according to her, there was a visible eye injury. However, the woman was not allowed to take photographs. There is a long-standing practice of the European Court of Human Rights: if the state takes a healthy person, then everything that happens afterwards is the state’s responsibility. We will definitely appeal to the European Court.’

Law enforcement officers began to deny their involvement in the tragedy immediately after Levchun’s death. On 3 June, a press release appeared on the official website of the State Department for the Execution of Punishments. The document is worth quoting with minor omissions.

‘The information published on the internet site proUA.com regarding the circumstances of Anatoliy Levchun’s illness in the Kirovohrad remand prison has been thoroughly checked and the following is reported,’ the press release states. ‘Upon arrival at the Kirovohrad remand prison on 02.04.2009, in accordance with the requirements of current legislation, citizen A.V. Levchun was examined by medical staff. Based on his medical history, his previous psychiatric illness was established. According to his state of health, as established by a preliminary diagnosis, citizen A.V. Levchun was consulted on 10.04.2009 by doctors from the Kirovohrad City Hospital, an appropriate diagnosis was determined, and treatment was prescribed.’ Which diagnosis and which treatment — there is not a single word about that.

‘Considering the stably severe condition of the prisoner, the management of the Kirovohrad remand prison appealed to the Svitlovodsk City-District Court of the Kirovohrad region on 22.04.2009, 14.05.2009, and 27.05.2009 with proposals regarding a change in the preventive measure,’ the Department explains. However, nothing prevented this same management from sending Levchun for treatment to the Kirovohrad Regional Hospital on 21 April — and no court was needed for that.

‘Under the ruling of this court dated 28.05.2009, compulsory medical measures were applied to the arrested A.V. Levchun in the form of treatment in a psychiatric hospital under standard supervision, and the preventive measure was replaced with an undertaking not to leave,’ the text continues. ‘On the same day, A.V. Levchun was released from custody, and his relatives provided written confirmation that they had no claims against the administration of the remand prison.’ At the same time, according to the lawyer, Anatoliy’s mother only signed a receipt stating she had no claims regarding personal belongings and clothing that were not returned to her.

‘In connection with a sharp deterioration in his health on 28.05.2009, A.V. Levchun was re-consulted by an infectious disease specialist at the city hospital; an incurable disease was established and necessary treatment was prescribed,’ the Department asserts. As lawyer Olena Kozyarchuk stated to ‘Kirovohrad.proUA.com’, Levchun was diagnosed with HIV on 28 May, which is known to be treatable. And it is not entirely clear why a person who supposedly has an ‘incurable disease’ is sent not to a specialised medical institution, but to an ‘asylum’.’

On 9 June, information appeared from the Commissioner for Human Rights, Nina Karpachova: ‘...at the request of the prosecutor of the Kirovohrad region, Hennadiy Tyurin, the body of the deceased was personally examined by the head of the Kirovohrad Regional Bureau of Forensic Medical Examination, Volodymyr Shylan, who confirmed the absence of any bodily injuries.’

On 10 June, the Ombudsman’s findings were confirmed by the regional prosecutor’s office: ‘On 5 June 2009, the prosecutor of the department for supervision of compliance with laws during the execution of court decisions in criminal cases, as well as during the application of other measures of coercion related to the restriction of citizens’ freedom of the regional prosecutor’s office, on the basis of Art. 6, p. 1 of the Criminal Procedure Code of Ukraine, refused to initiate a criminal case regarding the statement about A. Levchun receiving bodily injuries during his time in the Kirovohrad remand prison due to the absence of a criminal event.’

Anatoliy was buried in the Khmelnytskyi region, where his mother, Natalia Levchun, is from. In a few days, Ms Natalia will return to Svitlovodsk, where she has lived for 22 years. Exactly as long as her son lived.