Treatment and handcuffs are incompatible
The inhuman treatment of former Dean of the Kryvy Rih Technical University, Anatoly Temchenko is continuing. As reported, Mr Temchenko is 68 years old and stands accused of bribe-taking. He has been held in a SIZO [pre-trial detention centre] for almost 19 months despite his health causing serious grounds for concern.
The latest hearing scheduled in his case, on 21 April 2011, was postponed because of the deterioration in his health.
It should be noted that expert assessments of his state of health have been presented to the European Court of Human Rights which stated in its decision regarding application of Rule 39 that Mr Temchenko required urgent hospitalization in a specialist hospital with adequate medical care.
According to his lawyer, Oleh Amelchyshyn, the legally motivated term for temporary detention of Anatoly Temchenko ended back on 29 January 2010. He is being held in the SIZO unlawfully, without the relevant court order.
Mr Amelchyshyn says that his client should have been released by the Prosecutor, yet the requirements of Article 156 of the Criminal Procedure Code in this case have been ignored. He could also have been released on the grounds of health yet this has not happened.
Coordinator of the KHPG Anti-Torture Campaign, Andriy Didenko believes that something strange is afoot where a person so obviously in need of medical care that an ambulance has been on duty outside the courtroom, should still remain in a SIZO. During the hearing he was actually held in handcuffs despite the fact that a doctor needed to be called to try to reduce seriously high blood pressure.
Mr Temchenko has not been convicted of any crime, has spent a long period in custody with his health, perhaps life, in danger. The flagrant violation of his fundamental rights is deeply disturbing.
Andriy Didenko reports that according to the latest information, Mr Temchenko was released from an 8-bed hospital in Kryvy Tih on Wednesday, 27 April, and returned to the SIZO. Hearings are scheduled for 28 and 29 April.