The Yoshkar-Ola city court refused compensation for non- pecuniary damage to a woman who had lost a child when being transported from Mari El Republic to the Krasnodar region

8 April 2020

The Yoshkar-Ola city court of the Republic of Mari El did not satisfy Elena's claim (name changed for ethical reasons) about compensation for non-pecuniary damage. She had a miscarriage while being transported from Mari El Republic to the Krasnodar region. The defendant in the claim was the Federal penitentiary service of Russia.
During the trial, the defenders referred to the order of Ministry of health of the Russian Federation №640, the order of Ministry of justice of the Russian Federation No. 190 of 2005 “On the procedure of organization of medical assistance to persons serving sentences in places of detention and detainees”. According to the order, Elena must have an ultrasound examination and be hospitalized, since her medical history indicated "the threat of miscarriage".

However, the court took the side of the defendant, who referred to the order of the Ministry of health No. 572н of the Russian Federation of 2012 “on the procedure for providing medical care in the “obstetrics and gynecology…”. This order provides the use of ultrasound not earlier than 11 weeks of pregnancy.

Human rights defenders point out that order No. 640/190 is designed specifically for the penal system, while order No. 572н is of a general nature.

As a result, in 2016, the employees of the Federal penitentiary service for Mari El Republic decided to transfer a young woman with the threat of miscarriage to the Krasnodar region without providing the necessary medical care.

For three weeks, Elena traveled from Yoshkar-Ola to the Krasnodar region in a special car for convicts, which is not equipped for transporting pregnant and sick people. Medical staff did not accompany the woman. When Elena arrived at the correctional colony of the Krasnodar region, she reported about bleeding, but the examination was carried out only 9 days later. On 3 September, health workers diagnosed her with a miscarriage.

Human rights activists plan to file an appeal to the Supreme Court of the Republic of Mari El to obtain fair compensation for moral harm for the inhumane treatment of Elena.
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