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Ex-head of the State Fiscal Service Nasirov won case at ECHR about “inadequate medical care” in pre-trial detention center

Author:
Svitlana Kravchenko
Date:

Ex-head of the State Fiscal Service Roman Nasirov, who appears in a case involving a bribe of UAH 700 million, was sentenced in Ukraine to almost €10 000 through the European Court of Human Rights (ECHR) for allegedly receiving "improper medical care" while in custody.

This became known from the text of the court decision in the case "Monakhov and Others v. Ukraine".

According to Nasirov, upon arrival at the detention center, he was diagnosed with stage II dyscirculatory encephalopathy, stage II hypertension, and cerebral atherosclerosis, which later progressed to stage III hypertension, hypertensive heart disease, ischemic heart disease, and other serious chronic diseases.

The former head of the Fiscal Service claimed to have had high blood pressure and repeated health complaints for a year — from November 2022 to November 2023. However, he allegedly received only symptomatic treatment, with limited diagnostic tests and only two external consultations.

Nasirov claimed that the Supreme Anti-Corruption Court twice ordered him to be transferred to a hospital for examination and treatment, but these orders were allegedly ignored. The former head of the State Fiscal Service was finally taken to the hospital only in April 2024.

The documents of the European Court of Human Rights indicate that “the persistent failure to comply with court orders and the failure to provide timely and adequate treatment demonstrate serious shortcomings in the provision of adequate medical care during detention”.

The court found that Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms was violated against Nasirov. Ukraine must now pay the former owner €9 750 in moral and material compensation.

What preceded

In March 2017, NABU handed Roman Nasirov a charge of suspicion. He was accused of unfounded tax installments to the enterprises of former MP Oleksandr Onyshchenko, which caused the state UAH 2 billion in losses. The court arrested the official with the possibility of bail in the amount of UAH 100 million. Within 10 days, Nasirovʼs wife and father-in-law paid this money, and he was released.

Roman Nasirov is also involved in a case involving a bribe of UAH 700 million from businessman Oleh Bakhmatyuk. The money was for the reimbursement of over UAH 3 billion in taxes to companies controlled by Bakhmatyuk.

On April 9, he did not appear for a hearing at the High Anti-Corruption Court (HACC) because, as the defense claimed, he had mobilized into the Armed Forces of Ukraine. On this basis, a motion was filed to stay the proceedings.

The next day, the Military Law and Order Service of the Armed Forces of Ukraine began an internal investigation into the fact of the conscription of the former head of the Fiscal Service. The commander of the unit where Nasirov was going to mobilize canceled the mobilization order due to a violation — Roman Nasirov lacks professional training for the position of a sapper.

On the same day, April 10, the court extended Nasirovʼs preventive measure — he is required to wear an electronic bracelet and surrender his passport.

On April 24, HACC took the former head of the State Fiscal Service into custody and increased his bail from UAH 27 to 40 million.

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