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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2021)1419/H46-40 |
2 December 2021 |
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1419th meeting, 30 November – 2 December 2021 (DH)
H46-40 Arskaya group v. Ukraine (Application No. 45076/05) Supervision of the execution of the European Court’s judgments
Reference document |
Decisions
The Deputies
1. recalling that this group of cases concerns principally the failure of the domestic authorities to carry out effective investigations into allegations of medical negligence that occurred between 1995 and 2003 as well as the failure to comply with positive obligations to protect the life of the applicant Arskaya’s son, due to deficiencies in the organisation of treatment in hospitals;
As regards individual measures
2. as related to payment of just satisfaction in the Arskaya case, invited the authorities to resolve the issues concerning payment details and ensure the sums are at the applicant’s disposal in particular by extending of the one-year time limit before unclaimed funds are transferred back to the state budget;
3. noting that the reopened criminal investigation is still pending in the Valeriy Fulkev case, invited the authorities to provide information on the outcome of the reopened proceedings once it has been terminated;
4. noting that the compensation awarded to the applicant by the Court for non-pecuniary damages has been paid, considered that no further individual measures are possible in the Gorodovych case and adopted Final Resolution CM/ResDH(2021)425;
As regards general measures
5. with regards to the procedural obligations under Article 2 and Article 3, noted the detailed information on criminal investigations into malpractice and medical negligence; invited the authorities to provide information on investigative practices in cases specifically related to medical negligence in the aspect of their adequacy and expeditiousness; invited the authorities to submit information on the practical functioning of the civil remedy in cases with allegations of medical negligence and to provide clarifications if the decision to terminate the criminal proceedings has an effect on perspectives in civil proceedings; invited the authorities to provide information regarding the question of establishing responsibility of the healthcare provider, unit or healthcare professional for death or serious bodily injury sustained during medical treatment;
6. with regards to positive obligations under Article 2, noted with interest the introduction of a legislative and regulatory framework on cooperation between hospitals as well as the transfer of patients; encouraged the authorities to pursue their efforts to further develop the rules on transportation of patients as announced;
7. invited the Ukrainian authorities to provide further information on rules on establishing of patients’ decision-making capacity when refusing to accept vitally important treatment in life-threatening situations, if there are doubts about such capacity;
8. invited the authorities to present updated information on the above elements in a consolidated action plan/report by 1 December 2022.