The ECHR has awarded 20 thousand euros of the daughter of a cancer patient, died in a prison hospital in St. Petersburg
The European court of human rights October 3, recovered from the Russian authorities of 20 thousand euros in favor of 14-year-old daughter’s cancer Oksana Semenova, which in the spring of 2016 died in the prison hospital of a name of Haas in St. Petersburg, said the human rights organization “Area law”.
The decision of the European court was based on the report of the independent experts that came to conclusions about inadequate health care, delayed diagnosis of cancer, lack of necessary medical tests, examinations, and medicines. Comments of the Russian government have confirmed an expert evaluation of the quality of medical care and based on the simple assumption that Oksana Semenova “contributed” to death.
The ECHR also drew attention to the fact that the prison hospital did not have a medical license and are unable to meet the needs of a cancer patient.
The European court found that Russian authorities refused to provide Semenova necessary medical care violated article 3 of the Convention on the protection of human rights and fundamental freedoms (inhuman and degrading treatment). In addition, Russia has not complied with the interim measure, thus violating the obligation under article 34 of the Convention (the obstruction to the filing of individual complaints).
According to the head of the “Zone of law” Sergey Petryakova, representing the interests of the injured party, the current decision of the ECHR could become the benchmark for all complaints seriously ill convicts are not provided with adequate medical assistance in the hospital named Haas. “In particular, in the near future we are waiting for decisions on two other complaints of cancer patients women who under similar circumstances did not receive quality treatment and died. In the case Semenova, the ECHR criticized the Russian authorities, not based on expert opinions and non-hypothetical in nature, and made the decision based on the opinions of experts in the field of medicine,” – said..
The deceased was 37 years old in 2013, she was sentenced to 3.5 years of imprisonment under article 228 of the criminal code (illegal acquisition, storage, transportation, manufacturing of drugs in large size). In July 2015, the doctors of the hospital named Haas of the Federal penitentiary service for St. Petersburg and Leningrad region found the prisoner cervical cancer. The disease progressed so much that two months later, the tumor became inoperable.
Semenova, which ordered the therapy began to experience unbearable pain, which could not be removed by conventional medication. On the use of drugs for pain relief of cancer patients the medical establishment does not have a license.
A special medical Commission came to the conclusion that, in accordance with the decree of the government of the Russian Federation Semenov is entitled to an exemption in connection with a serious illness. However, the court sided with the Prosecutor and refused to release the woman.
The ECHR, on the initiative of human rights defenders demanded from the Russian Federation to provide enclosed all the required list of medication, including relieving pain. In addition, the patient was to be transferred to a civilian clinic if effective treatment cannot be held in a prison hospital. But in the treatment Semenova no changes occurred in April of 2016, she died. Soon her mother passed, and the applicant in the ECHR was the daughter of Oksana Semenova.