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Svietlahorsk District Court justifies medics who injected unknown substances to handicapped civil society activist

2015 2015-05-14T01:05:01+0300 2015-05-14T01:05:01+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

May 13, Svietlahorsk District Court finished hearing the civil case instigated on a lawsuit of wheel-chair user, civil society activist Yury Liashenka against ambulance medics. The plaintiff asked to find illegal the actions of the medics who had detained him at his one-man picket, driven him to the hospital and given injections of unknown substances.

Let us remind that on November 25 the social activist intended to hold a picket on the central square of Svietlahorsk with the aim to turn the public attention to violations of the rights of persons with disabilities. However, suddenly he was approached by an ambulance car, which drove him away together with his wheelchair. He was taken to a hospital where he was given injections of unknown substances. Meanwhile, the medics said to the handicapped that he was feeling unwell and they were saving his life.

Then there came a policeman who drew up a report for unauthorized picket, for which Yury Liashenka was subsequently punished with a fine of 2 basic units.

April 1, Salihorsk civil society activist, wheelchair user Yury Liashenka filed a claim to the Salihorsk District Court. He asks the court to find the actions of the medics who detained him at a picket, took him to hospital contrary to his will and injected him with an unknown substance illegal and violating his right not to be subjected to torture or to cruel, inhuman or degrading treatment.

Earlier, Mr. Liashenka appealed to the head of the Department of Health Care of the Homel Regional Executive Committee and the Ministry of Health. However, this state agencies answered that the actions of the medics were legitimate. The activist, in his turn, believes that in this case the medics were used for political persecution.

May 13 the court in the face of the judge Vladimir Stepanov has ruled: Yuri Lyashenko complaint are not satisfied with the actions of physicians recognize as lawful.

The applicant is not satisfied with this decision and will appeal it. "It's just a fiction. The court did not take into account evidence including the clinical protocol and other documents. The ambulance was called by some unknown man who didn't introduce himself, just said over the phone that a handicapped was feeling unwell and the medics immediately went to the square, detained me against my will though I was completely healthy and didn't have any complaints. They immediately diagnosed me and “designated a treatment” just for a few minutes, or even seconds. So, soon one may be walking outdoors and be suddenly taken away by rescuers or the gas service, and it will be impossible to prove anything afterwards,” commented the activist.

During several hearings the court was hearing the testimonies of witnesses from the side of the plaintiff and the defendants. Testimonies in favor of Mr. Liashenka were given by the HomieÍ journalists Kastus Zhukouski and Larysa Shchyrakova. According to them, on the day of the picket Yury Liashenka looked cheerful and calm and didn't complain about his health. Suddenly and ambulance car arrived at the square, and in 15 seconds the wheel-chair user was driven away to the hospital. The medics didn't even ask his surname, didn't check his pulse and blood pressure and ignored his objections that he was in a good health and had no need in their services.

The medics, in their turn, claimed that they hurried to save the man's life. Deputy chief physician, who attended the trial, stated that the ambulance had the right to take the man away because he was in a public place.

At the request of the plaintiff the court listened to the recording the phone call of an unknown man, as a result of which the medics forcedly pulled Yury Liashenka in their car. The record sounded as follows: “A wheel-chair user is feeling bad in the central square, get there!”. An ambulance headed for the central square without finding out who was phoning and who “suddenly got ill”. Meanwhile, the head of the ambulance department went there together with the ambulance brigade. During the court hearing on May 7 he explained that it was an important mission, that's why he was present there.

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