Press-release:
Torture in Kyiv SIZO: Kardava v. Ukraine (case #19886\09)
Dear ladies and gentlemen!
This office has been retained to represent the interests of prisoner Tamaz KARDAVA (DOB: 1967) in connection with negligence by Ukrainian officials, namely, Chief of Kyiv SIZO #13 Mr. Starenkiy S.E., who refused to urgently transfer prisoner Tamaz KARDAVA to the hospital, and thus denied Mr. KARDAVA access to appropriate medical aid, irrespective such a terrible diagnosis: final stage of cirrhosis of the liver, liquid in lungs (according to medical examination made by ambulance “103” 30th March 2010). Copies of the telegrams are attached.
Prisoner Tamaz KARDAVA is in need of urgent hospitalisation! This precise diagnosis\recommendation was set by doctors of ambulance “103”, who arrived on emergency call at 13-30 30th March 2010 to the building of Shevchenkovskiy raion court of Kyiv. The doctor of ambulance also stated that the lack of further diagnostic steps (due to presence of liquid in lungs of Kardava, namely: urgent X-Ray tests, daily blood tests etc.) and lack of urgent and adequate treatment of patient in permanent establishment (hospital, with obligatory presence of a department of intensive therapy due to high risk of further deterioration of his state of health) may take a tragic turn for the prisoner Tamaz KARDAVA!
Tamaz KARDAVA is ill with hepatitis C (since he was taken prisoner during Georgia-Abhazia war) and has the final stage of cirrhosis of the liver since end of January 2010.
In August 2008 he was arrested by Ukrainian police, and was heavily beaten and very cruelly tortured in Shevchenkovskiy district police station by vice-chief of Shevchenkovskiy ROVD and other 4 police officers. It ended up with significant worsening of KARDAVA’s health.
Prisoner Tamaz KARDAVA, who has been kept in detention since August 2008, is held in Kyivske SIZO #13 and is awaiting trail in his case. For more that 2 monthes already administration of Kyiv SIZO (major Serhiy Starenkiy) had been refusing and continues to refuse to direct Tamaz KARDAVA to specialised hospital or other permanent medical establishment, where KARDAVA can receive an adequate treatment.
Lack of adequate medical treatment resulted in significant worsening of KARDAVA’s health in last days! Tamaz KARDAVA told me during the court hearings on 30th March 2010 that he has a permanent ache in area of his liver, he has 4-5 liters or liquid in his stomach, plus that he cannot normally neither walk, nor sit or stand! He was delivered to the court by the guards with the stretcher\litter\.
He had edema of both legs, even though 2 days ago when I visited him in Kyiv SIZO he was more or less fine and could walk by himself at least.
So, more than 6 hours: from 12-00 till 18-00 on 30th March 2010 Tamaz Kardava spent on the floor (lying on the stretcher behind the bars) of the court room in Shevchenkovskiy court of Kyiv, while judge Retman O.A. held the court’s hearings. A lot of witnesses were able to see sufferings of KARDAVA with their own eyes.
As well as other people, who were present in the courtroom 30.03.2010: attorneys-at-law: Mykola Chaika and Viktoria Lynova, Oleksiy Kalmykov and myself, not taking into account more than 10 other people in total (prosecutor, secretary, 5 men of escort, translator, witnesses). Contact information of those persons is attached.
All of my petitions\solicitations regarding change of arrest for any other preventive measures (like signed statement of non-leaving the territory of city) were twice refused by judge Retman O.A. without any reasoning!
Besides, us, attorneys-at-law Mykola Chaika and Viktoria Lynova, Oleksiy Kalmykov and myself, after conversation with doctors of ambulance, who made medical examination of KARDAVA on 30th March 2010 (just in the courtroom), and taking into consideration rapid and significant worsening of KARDAVA’s health, high risk of his death due to presence of liquid in his lungs - requested the presiding judge of the court Mrs. Oksana Retman to order the immediate transfer of Tamaz KARDAVA to the hospital, where he can get urgent adequate medical treatment. Judge Oksana Retman refused to refer Tamaz KARDAVA to the hospital without reasoning! And suggested to us to make a request to guards\escort, even though it is not in their competence to act on such requests.
There are no other effective remedies in Ukraine to exhaust in respect of this situation.
Please consider this letter as complaint to European Court of Human Rights, based on art. 3 of European Convention of 1950 (inhuman and degrading treatment to prisoners).
On the ground of Rule 39 of the Rules of the Court, I hereby place a request for interim measure, namely the transfer of Mr Tamaz KARDAVA to any hospital in Kyiv, where he can receive the long overdue and urgently needed medical aid (hospital, that obligatory has a department of intensive therapy).
Kind regards,
Oleg VEREMIYENKO,
Attorney-At-Law
tel. +380509475564
P.S. Facts stated in this letter can be confirmed by the following witnesses - Attorneyі-At-Law:
Oleksiy Kalmykov, Mykola Chaika Viktoria Lynova