On October 29th 2019 a court hearing was held in the Kuybishevsky District Court of the Zaporozhye region concerning the case of the entrepreneur Andrey Tatarintsev, who is accused of assisting a terrorist organisation.
During the hearing the lawyer asked the court to set bail at 300,000 hryvnia, but this motion was rejected and the detention was extended for 60 days.
Before the hearing it became clear that once again the patient of diabetes mellitus type 2 Tatarintsev did not receive dietary nutrition before being brought to court, and therefore did not drink sugar-reducing pills, which can be taken only with food. An ambulance was called to court due to the accused’s ill-health. The medical assistant said that Tatarintsev urgently needs to take dietary food and appropriate medicines, otherwise there will be severe consequences.
The lawyer Vladimir Lyapin drew the attention of the court to the fact that even after the examination of Tatarintsev, carried out in the 9th city hospital of Zaporozhye, and the appointment of treatment to him, the infirmary of the pre-trial detention center, violating the decision of the Kuybishevsky court, does not provide him with dietary nutrition or medicines. According to the accused himself, even measurements of sugar and pressure carried out by the staff of the infirmary of the pre-trial detention center started to take place only 3 days before the next hearing. At other times, no one is interested in the measurements at all. The lawyer also pointed out that the staff of the infirmary of the pre-trial detention center do not maintain documents that are mandatory according to Decree of the Ministry of Health of Ukraine No. 110 of 14.02.2012 (medical card of the outpatient patient form 025/o). Lyapin recalled that inaction with regard to timely medical care of the equates to torture in the ECHR.
The court accepted the defence and decided to write appeals to the Prosecutor’s Office and pre-trial detention center in order to provide Tatarintsev with medical care, as well as to issue him lunch boxes on the days of court hearings.
The observers of “Uspishna Varta” express concern that, according to the information received at previous meetings, the infirmary of the Volnyansk pre-trial detention center is not provided neither with medicines prescribed by Tatarintsev (including insulin), nor with food necessary for the preparation of dietary dishes, nor with qualified endocrinologists. Thus, there are reasonable doubts about the possibility of providing the accused with the necessary medical care in the conditions of the pre-trial detention center.
The lawyer Lyapin filed a motion to provide the defence with documents confirming that Tatarintsev did refuse treatment, as well as copies of journals where this fact was recorded. In addition, the lawyer proposed to postpone the hearing because of the inability of his defendant to participate in the hearing in such a state. The prosecutor said that the defence deliberately delays the process and tries to avoid the case in essence.
The court decided to postpone the hearing to November 22nd 2019 because the accused was unable to participate in the hearing in the state in which he was in.
However, once having decided to postpone the hearing due to the state of health of the accused, the court continued the hearing in order to extend his measure of restraint. For the first time during Tatarintsev’s detention, the prosecutor fulfilled the requirements of article 184 of the Criminal Procedure Code of Ukraine and provided the court with written confirmation of the risks claimed in the motion, namely the official note of the Head of the Department of National Statehood Protection of the SBU Colonel Andrushchenko with annexes. At the same time, new risks were not presented, although the practice of the ECHR implies automatic reduction of risks over time if new ones do not appear.
We remind that entrepreneur Andrey Tatarintsev was detained by the SBU in the autumn of 2017 on charges of facilitating a terrorist organisation (article 258-3), conducting an aggressive war (article 437) and violating the laws and customs of war (article 438) and is still in the detention centre of Volnyansk, Zaporozhye region, without an alternative.
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