Donetsk Memorial • Kharkiv Human Rights Group
Ukr

ECHR applied Rule 39 to a life prisoner

  KHPG-Info  khpg.org
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Yesterday, 9 December, the European Court of Human Rights issued an urgent decision under Rule 39 in respect of Vitaliy Matukhno, a life prisoner suffering from cancer. In accordance with this decision, the Government of Ukraine must ensure the man receives a proper medical examination to assess his current state of health, provide him with the necessary medical assistance, and identify a medical institution capable of providing the patient with an adequate level of care.

On 9 December, the ECHR issued an urgent decision under Rule 39 regarding Vitaliy Matukhno, a life-sentenced prisoner with stage IV cancer of the root of the tongue. The Government of Ukraine is obliged to ensure he receives a proper medical examination and treatment in a specialised institution.

Previously, the Halytskyi District Court refused to release Matukhno on health grounds, despite the medical commission’s conclusion and the hospital’s petition. The court supported the prosecutor’s position that symptomatic treatment within the facility was sufficient; however, the ECHR has effectively recognised such an approach as unsatisfactory for a terminally ill person.

On 12 December, the Lviv Court of Appeal will hear the appeal in this case. Human rights activists stress the importance of urgent assistance to prevent a recurrence of the tragedy of Volodymyr Rubchenko, who died of cancer on the day of his release due to delays.

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