Human rights activists plan to appeal this court decision regarding the amount of compensation for non-
pecuniary damage.
“If you look at the case-law of the European Court of Human Rights for similar violations, at least 20
thousand Euros are collected. For our Republic, 400 thousand rubles is a fairly large amount, – says
human rights activist Irina Protasova. "But in general, if we take into account the case-law of
compensation for non-pecuniary damage in connection with the death of a person, which occurred due
to improper performance by medical workers of their official duties, in this case, such compensation is
not enough”.
“Yes, it is important for us that the Yoshkar-Ola city court found a violation of article 8 of the
Convention on the protection of human rights and fundamental freedoms. But it is also important to
understand that the state must create conditions for preserving human life, and medical workers must
fulfill the positive obligations of the state. In this situation we believe that the state did not fulfill its
obligations under article 2 of the Convention, and the Yoshkar-Ola city court did not take this aspect into
account when assigning the amount of compensation,” human rights defender Sergei Poduzov
comments on the court's decision.
The criminal case lasted for more than two years, and the term of criminal liability under the article
causing death by negligence due to improper performance of a person's professional duties (article 109
of the criminal code, part 2) expired. However, this fact is not a non-rehabilitating reason, since the fault
of the hospital's medical staff was proved in the Yoshkar-Ola city court's decision.
Investigatory management of the Investigation Committee of the Russian Federation for Mari El
Republic made a decision to eliminate actions that led to the malfeasance that caused the death of a
person. The decision specifies a list of violations committed by the Republican Perinatal center. It was
sent to the Ministry of health of Mari El Republic for further elimination of violations.
