Contact person: Kostіantyn Pertsovskyi,
International HIV/AIDS Alliance in Ukraine,
Senior Communications Manager
Tel. +38044 490 54 85 (ext. 205), cell +38050410 92 07
/
http://www.aidsalliance.org.ua
Police exert more pressure on medics and patients
/ Mass detention of substitution maintenance treatment programme (SMT) patients, medical staff arrests, disclosure of confidential information, police initiated provocations, the health care system inability to fight back – all of this has become harsh reality in Ukraine.
Just a few days ago Illya Podolyan – a doctor of the local SMT programme was arrested in Odesa, he is charged with allegedly committing 43 premeditated grievous crimes relating to organised narcotic drugs trade.
3 June 2010. Urgent press conference participants call on police to release the Doctor and put a stop to criminal prosecution of SMT patients and medical staff engaged in SMT programmes implementation.
The official charge sheet alleging the Doctor with crimes, presented to the press conference organisers, states that on 42 of 43 counts of legislation breach, according to police, the Doctor prescribed narcotic drugs to drug dependent SMT patients, year after year distributed by the Odesa Oblast Narcological Dispensary under series of Ukrainian Ministry of Health Decrees and National Programme to Ensure HIV Prevention, Care and Treatment, approved as the Law of Ukraine in February 2009.
“In fact, Illya Kostyantynovych was put behind bars for fulfilling his professional duties which include provision of vital treatment to patients. This way the authorities are probably trying to justify many months of fruitless “investigation” and find probable cause for my husband’s initial detention in March; as a result of police actions SMT programme virtually stopped its operations and 200 patients could not get medication. Now I am grievously concerned about my husband’s health and call on the Ukrainian state officials and international donor organisations which provide to the Ukrainian Government significant amounts in charitable donations to fight HIV/AIDS to put a stop to these cases of maltreatment of medical staff”, - said the Doctor’s wife Liudmyla Podolyan.
On March 11-13, 2010 in Odessa as a result of police intervention into the operations of the Oblast Narcological Dispensary, for several days treatment provision was suspended and almost 200 patients openly protested on the streets appealing to local and national media.
Back then Tetyana Afanasiadi, Regional Coordinator of the International HIV/AIDS Alliance in Ukraine in the Odesa region, was unlawfully detained by police. After spending 30 hours at the local police precinct she was released without any charges . “At the beginning programme patients were guaranteed confidentiality, but now it is just an empty word: in fact the police are using patient list to order patients to come to the local police precinct. As a result of such maltreatment doctors refuse to work for SMT programmes. I personally made a court appeal to rule my unlawful arrest and search by the police. My appeal will be reviewed by the Odesa District Administrative Court on June 17”, – commented on her ordeal Tetyana Afanasiadi.
“For months I am being questioned by the police, each time the Detective charges me with new counts of alleged drugs trade and breach of legislation relating to narcotic drugs circulation. All of the accusations have to do with a simple fact that I happen to treat patients in the framework of a state supported programme. I wanted to attend the press conference personally but the police ordered me to stay in my home city”, - said in a live phone broadcast from Ternopil the accused Doctor Yaroslav Olendr, who is currently subject to pledge not to leave his town.
International HIV/AIDS Alliance in Ukraine in the past year registered dozen cases of rights infringements of programme patients and medical staff, most common cases include
− inspections of medical facilities which implement SMT programmes without probable cause or without provision of relevant documentation; unlawful removal of personalised lists of drug dependent patients;
− unlawful detention of drug dependent programme patients, also detaining patients on the territory of medical facilities and investigations into the patient’s alleged involvement into the drugs trade and other crimes without any probable cause;
− unlawful home search and investigation, subjecting patients and medical staff to psychological pressure, hindering supply of SMT medications;
− public slander attacks at SMT programmes by heads of regional law enforcement agencies, which includes providing media with incorrect information.
Despite the fact that with support from the Alliance-Ukraine the National Council to Fight Tuberculosis and HIV/AIDS coordinated by the Vice Prime Minister Volodymyr Seminozhenko reviewed the issue at its meeting on April 20 and requested the Ministry of Internal Affairs by June 30th to take urgent measures to ensure rights protection of SMT patients and medical staff engaged into programme implementation and also in cooperation with MoH to reduce existing barriers to SMT implementation – there is no sign that the situation has improved yet.
“Many patients from many regions of Ukraine report cases of police brutality to operators of the SMT hotline, since its establishment in April 2009. Substitution treatment programmes implemented in many cities at Narcological Dispensaries have been turned by the police into no man’s land, at any time they can come to a treatment programme and take the patients to the local police precinct. This is a result of the police firm belief that a drug dependent person even if s/he is on medical treatment is first of all a criminal. We don’t see patients from the Neurology or Traumatology departments taken by the dozen to the police precincts. Our patients have no rights and they are powerless”, - comments Iryna Sukhoparova – the mother of an SMT patient and President of the “Hope and Trust” Charitable Foundation.
Such cases hinder Ukraine’s international reputation before international donors which year after year provide to Ukraine dozens millions of dollars to fight HIV/AIDS epidemic.
“We trust that the government of Ukraine will proceed with all due haste in dismissing the charges against Dr. Podolyan and Olendr, and to release Dr. Podolyan from detention. Ukraine’s formal acceptance of substitution therapy as an international best practice in the fight against HIV/AIDS can only have a meaningful impact on the epidemic if police powers are not turned against those who offer such therapy to those in need of it. Charging SMT service providers with criminal offences not only constitutes a violation of human rights but in Ukraine’s case is epidemiologically foolhardy. It’s natural to wonder what these people are thinking….”, - said Andreas Tamberg – the Fund Portfolio Manager: Eastern Europe and Central Asia of the Global Fund to Fight AIDS, Tuberculosis and Malaria in his letter as of June 2, 2010.
“Currently in Ukraine with support from the Global Fund over 5300 drug dependent patients receive treatment in all regions of Ukraine. This is the country’s significant achievement in the field of national drug policy and HIV/AIDS prevention among injection drug users and it was openly recognised as such internationally. We can not let all these efforts go to waste as a result of inconsistencies in legislation and police interference into medical programs ”, – said Andriy Klepikov, Executive Director of the International HIV/AIDS Alliance in Ukraine.
SMT programmes are implemented in Ukraine since 2004. As of 15.05.2010 in 106 medical facilities 5306 patients get treatment, including 2336 HIV positive patients, 2801 patients diagnosed with Hepatitis B and/or C, 848 patients with TB. Average age of patients is 34, average period of drug use – 15 years.
Scale up of SMT programmes (up to 20 thousand patients in 2013) is written into the Law of Ukraine № 1026-VI as of 19.02.2009, which approves the National Programme to Ensure HIV Prevention, Care and Treatment for HIV infected persons and AIDS patients (2009-2013).