Monitoring the case of Natalya Van Doyveren (session 11.25.2019).
11/25/2019 at 2:30 pm in the Lychakovsky district court of the city of Lvov with the participation of Judge Lunyo S.I., prosecutor Boyko P.M., accused Van Douveren N.R., defenders Mytsyk A.V., Rever S.V. A session was held in criminal proceedings No. 12016140000000991 of 11/18/2016 on charges of Natalia Van Doeuren, born on 05.06.1970, in committing a criminal offense under Part 3 of Article 368 of the Criminal Code of Ukraine, in which 3 witnesses were questioned: Gusina A. I., Yakovlev I., Tychka I.
Van Doeurenin, Natalya, is suspected of committing a crime under Part 3 of Article 368 of the Criminal Code of Ukraine – receiving an unlawful gain for an official in a responsible position for himself, committing such an official in the interests of someone who provides undue benefits, and in the interests of a third party (any action using his official position, combined with extortion of undue gain, committed repeatedly).
According to the information provided to the observer of the ISHR, on November 28, 2016, the deputy head physician for the medical part of the Lvov Regional Clinical Hospital, Van Doeveren N.R. was detained by police while receiving from Dmitri Krivoruchyshchuk improper benefits in the amount of 6000 UAH.
On February 27, 2017, an indictment was sent to the court based on the fact that Van Douveren N.R. had established a mechanism for obtaining undue benefits from relatives of patients for deciding on hospitalization of patients in the department of hospital nephrology and dialysis.
During interrogation at the hearing, witness Gusina Oksana, who is the head of the department of hospital nephrology and dialysis at the Transplantation Center of the Lvov Regional Clinical Hospital, was unable to explain why she repeatedly received calls and had frequent telephone conversations with operative worker Demkovich T. in particular for 30 minutes before receiving Van Doereren N.R. funds from one of the patients – Dmitry Krivoruchyshchuk. Also, the witness could not explain why the coordinates of finding her, operative worker Demkovich T. and Krivoruchishchuk before receiving funds coincided.
Witness Tychka Igor, who works as a neurologist in this hospital, confirmed that the creatinine level of the patient Dmitry Krivoruchishchuk according to the analyses he brought from the private laboratory of the city of Drogobych “Medis” amounted to 800 ml. This figure is significantly higher than normal, and a repeated analysis showed a level of 70 ml. creatinine in the blood, which is a normal indicator.
This may mean that Dmitry Krivoruchyshchuk is not really sick and could be used by operatives of the National Police.
After analyzing the information provided, the International Society for Human Rights believes that in this case there could have been a provocation by the police, which violates paragraph 1 of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
According to the decision of the ECtHR in the case of “Ramanauskas v. Lithuania” dated February 5, 2008, “A court under provocation means cases involving officials who are either members of the security agencies or persons acting on their behalf do not limit their actions only to an investigation of a criminal case in essence in an implicit way, but affect the subject in order to provoke him to commit a crime that otherwise would not have been committed, in order to make it possible to identify the crime, that is, to obtain be evidence and a criminal investigation”.
So, in the case of “Teixeira de Castro v. Portugal”, of June 9, 1998, “The court concluded that the police went beyond the functions of secret agents and provoked a crime, and therefore there is no reason to believe that without their intervention the crime would be committed. This interference and its use in this controversial criminal proceeding meant that from the very beginning the applicant was clearly deprived of the right to a fair trial.”
By a decision of October 30, 2014 in the case of “Nosko and Nefedov v. Russia”, paragraph 54, “The European Court also noted in its case-law that secret operations should be carried out passively in the absence of pressure on the applicant to commit a crime using such means as taking the initiative in contact with the applicant, persistent incentive, promise of financial gain or appeal to the applicant’s pity. ”
Based on the results of the monitoring of the court hearing on November 25, 2019, it was decided that the International Society for Human Rights would carry out subsequent monitoring of this trial, however, on November 28, 2019, the prosecutor Boyko P.M. adopted a decision on the refusal of state charges in criminal proceedings on the charges of Natalia Van Doeuren, born on 05.06.1970, under Part 3 of Art. 368 of the Criminal Code of Ukraine.
11/29/2019 Lychakovsky District Court of Lvov accepted the prosecutor’s refusal of the prosecution and closed the proceedings.