Why does Ukraine ignore the recommendations of the European Court? Press release

Currently, an elderly man is in a life-threatening condition within the walls of the Kryvyi Rih pre-trial detention centre (SIZO) – Anatoliy Georgiyovych Temchenko, born in 1942, Doctor of Technical Sciences, Professor, Academician of the Academy of Mining Sciences, and Rector of the Kryvyi Rih Technical University. Anatoliy Georgiyovych is accused of committing a crime provided for by Articles 15 and 368 (attempted bribery), but, as the defence claims, his guilt has not been proven, and the criminal case against the professor has been fabricated. Due to his principled public position and political independence, A. G. Temchenko has become a victim of political infighting.

He has spent his whole life teaching others, has vast teaching experience, and an impeccable reputation and authority in scientific circles, and has achieved the highest professional recognition through his example of courage and devotion to science. And yet, in an instant, he found himself in the pathetic and helpless position of a prisoner, suffering from fatal illnesses, doomed to torment and suffering in horrific conditions of existence that cannot be called anything other than torture.

On 17 March 2011, the European Court adopted urgent measures according to which the government was to immediately hospitalise A. G. Temchenko and provide him with qualified medical care.

According to the conclusions of forensic medicine specialist M. M. Vorobyov, Candidate of Medical Sciences, and internal medicine specialist H. Z. Moroz, Doctor of Medical Sciences and Professor: ‘…among all the illnesses A. G. Temchenko has, diseases of the cardiovascular system—ischaemic heart disease, angina pectoris, and diabetes mellitus—first and foremost require urgent treatment. Such a combination of diseases leads to their unfavourable progression. Given the ineffectiveness of treating A. G. Temchenko in the SIZO medical unit, as evidenced by the deterioration of his health and the progression of chronic diseases, as well as certificates from the medical unit regarding the impossibility of providing an appropriate level of medical care. The combination and burdensome progression of A. G. Temchenko’s diseases require his urgent hospitalisation at a specialised profile cardiology institution, such as the M. D. Strazhesko Institute of Cardiology of the National Academy of Medical Sciences of Ukraine. It should also be noted that, at the present time, the transfer of A. G. Temchenko from the SIZO to the court and back must be carried out using specialised medical transport—an ambulance accompanied by a qualified doctor, which will allow for immediate measures to be taken in case of a deterioration in his health.’

After the recommendation of the European Court, Temchenko was hospitalised for the period from 19 to 26 March 2011, and then discharged and returned to the SIZO. On 19 March 2011, he was taken to City Hospital No. 8; at night, handcuffs were put on his hands and he was chained to the bed. He was chained to the bed all night, after which his hands swelled so much that it was impossible to even put handcuffs on them. On 19 March 2011, he was transferred to Hospital No. 9, to the cardiology department for myocardial infarction patients; doctors informed his relatives that Temchenko showed all the signs of a posterior wall myocardial infarction. On 26 March 2011, he was discharged and sent to the SIZO, despite the fact that he continued to complain of feeling unwell, pain in the chest area, weakness, regular attacks of angina, and constant deterioration of vision. Upon discharge, he was recommended for ‘D’-registration with a cardiologist, therapist, and endocrinologist, and was indicated to have a ‘coronary angiography in the near future, with a decision on the further management of the patient.’ After Temchenko’s return to the SIZO, a coronary angiography was not performed, he is not receiving proper treatment, and he continues to be taken to court hearings in a regular prisoner transport vehicle. On 28 March 2011, he was taken to court. During the court session, due to his poor health, an ambulance crew was called for Temchenko twice. He told the court that he felt very ill, but the judge of the Dzerzhinsky District Court of the city of Kryvyi Rih, Natalya Mykolaivna Hryshchenko, did not consider his statement and continued the court session. On 29 March 2011, Temchenko was again taken to a court hearing. During the trial, due to his poor health, an ambulance was called. The ambulance doctors stated that Temchenko’s blood pressure was 190 over 110 and that he could not participate in the court session. After the ambulance crew left, the court continued the session. Temchenko remained in the courtroom from 11:00 to 17:00.

In their motion to the court, the administration of the Kryvyi Rih SIZO, signed by the head of the medical unit A. N. Kopytov and the head of the Kryvyi Rih SIZO S. A. Kachkovsky, requests that the issue of changing the preventive measure regarding Temchenko be considered due to the presence of a number of severe somatic diseases and his advanced age. ‘Providing adequate medical care in SIZO conditions is impossible, and further adjustment of insulin therapy in an outpatient setting without proper laboratory control and supervision by a specialist will lead to an undesirable outcome. Hospitalisation in a special medical institution is indicated.’

There are no such specialised hospitals in the city of Kryvyi Rih, so A. G. Temchenko and his representatives have repeatedly petitioned for his placement at the M. D. Strazhesko Institute of Cardiology of the NAMS of Ukraine in Kyiv, which is a specialised profile cardiology institution and was recommended by experts in their conclusion dated 12 November 2010. Furthermore, A. G. Temchenko’s relatives have repeatedly confirmed their readiness to pay for such treatment if the problem lies in the lack of state resources for the patient’s treatment.

Despite everything, Judge Hryshchenko is inexorable, and the impression is that it is she who decides at her own discretion whether Ukraine should follow the recommendations of the European Court and whether a sick person should live at all, or whether they should be deprived of life?!

*Ваша честь, неужели Вы смотрите в небо,*
*где снуют облака и сороки устроили свару?*
*Ваша честь, неужели Вы видите этот первый весенний стебель,*
*что не вовремя вылез на свет и не найдет себе пару?*

*Ваша честь, Вы бываете грустным, растерянным и несчастным?*
*Неужели и на Вашем диване кот мурлычет и трется о Ваши ноги?*
*В железной клетке мечется человек, а Вы так бесстрастны,*
*так равнодушны, словно злой волшебник из черной лесной берлоги.*

Инна Захарова. Из цикла «Зазеркалье»