Denial of access for defenders to ill convicts: the Sverdlovsk regional court as well as Supreme Court takes the side of Law

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Today at the Sverdlovsk regional court a very interesting civil case has been conducted and it was connected with denial of access for a lawyer Roman Kachanov to a condemned in «the Kopeysk case» -Evgeniy Terekhin on 16 January 2014. That time he was at the prison hospital which is independent juridical entity.

That time administration of the prison hospital, as usual, they used p. 119 of Order of Ministry of Health and Ministry of Justice «On medical treatment delivery for convicts» as reference. Exactly this fact was a reason why Roman Kachanov has addressed on behalf of several convicts to Supreme Court of Russian Federation in order to challenge this Order.

Meanwhile, Roman Kachanov and Terekhin have filed a claim into Verkh-Isetsky regional court of Yekaterinburg in order to challenge actions of administration of the prison hospital in denial of access for a lawyer.

Verkh-Isetsky regional court has stopped for some months consideration of case due to examination of issues into Supreme Court whether p.119 responds legislation.

As we said earlier, Supreme Court made a decision and it came into force on 6 June 2014 about holding this order invalid in the area of people who have a right to provide convicts with legal help.

Despite this, by Decision of Verkh-Isetsky regional court from 28 October 2014 demands of Roman Kachanov and Evgeniy Terekhin were left dissatisfied. Court referred it to a fact that Decision of Supreme Court came into force on 25 September 2014 and it means in January 2014 it wasn’t valid.

Roman Kachanov of course wasn’t satisfied with this Decision and as a result he filed an appeal. Excerpts from appeal:

«This approach of court is not correct because even if Decision from 6 June 2014 came into force 25 September 2014, it has to have legal meaning. Even if this Decision is not subject to application in this case, court cannot ignore legal opinion of Supreme Court regarding to compliance of the second point of Order 119 «On medical treatment delivery for convicts» with Constitution of Russian Federation and federal legislation.

Having regard to this legal opinion of Supreme Court, court should have been guided by Constitution of Russian Federation and federal legislation and besides, according to p.2, art.120 of Constitution «In case court finds inconsistence in the course of consideration of case should make a decision according to Law.» As it was mentioned, when used in respect of proceedings in civil cases, this constitutional provision is reflected in p.2, art.11 of Civil Procedural Code.»

Today the Sverdlovsk regional court has satisfied demands of a lawyer Roman Kachanov, having declared actions of officers of the prison hospital to be unlawful.

Appellate decision will be published on «Human rights defenders of the Urals» as soon as we receive it.

Human rights defenders of the Urals

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