Whom to plant instead of Elena Misurina

After a wide public campaign, a hematologist was released from a pre-trial detention center. Report "Medusa"

On February 5, the Moscow City Court released a hematologist Elena Misurin from a pre-trial detention center on a recognizance not to leave. Two weeks before, on January 22, the Cheremushkinsky court of Moscow sentenced her to two years in the colony - for the improper provision of medical services when performing a biopsy to the patient - and immediately arrested. Misyurina did not plead guilty, and the campaign of unprecedented scope unfolded in her defense. Colleagues collected signatures, in hospitals held a rally of solidarity with the hashtag #Yalenamisyurin, the Moscow Department of Health and Moscow Mayor Sergei Sobyanin called for Misyurin. As a result, the prosecutor's office of the South-Western District of Moscow asked to cancel the sentence.

At the entrance to the meeting room in the case of Elena Misyurina, relatives, friends and colleagues of a hematologist crowd crowded. Together with colleagues, the president of the National Medical Chamber Leonid Roshal, who decided to act as a guarantor.

Elena Misyurina was sitting on a bench in the Aquarium, a cage made of bulletproof glass for the defendants. She smiled and sent air kisses to her relatives. The victims did not come to court.

Judge Oleg Grivko warned: only petitions will be considered to cancel the court decision as they stop him; “He proposed not to discuss the correctness of the qualifications [of the crime] and the sentenced punishment. Both parties-the lawyers of Elena Misyurina and the prosecutor of the South-Western District of Moscow Oleg Levchenko-filed the same petitions. They did not agree that Misyurin was detained even before the sentence entered into force and asked to return it to a recognizance not to leave.

“The decision was made without taking into account the characteristics of the personality of Misyurina,” the judge read the petition of her protection. Lawyers noticed that their client came to the court and to the investigating authorities at the first request, and also recalled positive characteristics from the place of work.

The representative of the prosecutor’s office Farid Yusupov supported the defense petition and said that her colleagues were sentenced to Misyurina, on January 22, 2018, did not agree with the change in the preventive measure from the unscarpses of arrest.

Debate began lawyer Maria Zaitseva. She stated that the Cheremoshkinsky court did not motivate anything and did not substantiate his decision to arrest the doctor. According to her, it is possible to change the measure of restraint only if the circumstances change, but in the case of her client, nothing has changed. “The previous measure of restraint was not violated to her, she was at the request of the investigation organs, Elena has a young son and parents with disabilities,” the lawyer convinced the judge. She still could not resist and said: "We are convinced that the verdict will not be able to resist the court of appeal."

Lawyer Anatoly Kleimenov drew attention to the resonance that caused this case. “I do not like to dilute my speeches with philosophical conversations,” he began, “but the press“ The Case of Doctors ”has repeatedly sounded, and when I hear it, I always strain: 50 years ago in the case of“ pests-pests ”my grandfather was arrested by one of the first.” Kleimenov recalled that Russian law does not give a canonized definition of a “medical error”. According to the lawyer, the doctors after the Misyurina case faced a difficult choice: they cannot refuse the patient to provide medical care, but, having made a mistake, they risk becoming accused of providing an unsafe procedure - and this article also provides for the presence of malicious intent (Medusa and analyzed why the article on the non -lawsuits of qualitative services threatens them and them and them and them and them and them. patients).

Kleimenov asked the judge to change the measure of restraint by Misyurina: “Last week I promised Elena to visit her on Tuesday, February 6. Please help me break this promise by freeing it in the courtroom. ”

Leonid Roshal (in the case, he acts not only as a guarantor, but also a public defender) said, addressing Elena Misyurina that he was painful to see her in a cage. “We believe that today there is a wave of inexplicable and unreasonable bullying of the medical community, against which we [representatives of the National Medical Chamber] object. At that moment, about 80 patients lies in the hospital, Elena Misyurina is a leading specialist, who is good for her that she was arrested? Sick? Who needs it? And who will answer if one of the patients will die without receiving qualified help? " - asked the rhetorical questions Leonid Roshal. “I propose to plant myself instead of her, but release it, please, today,” he said the final replica. “It will be a great honor for the court.”

To the question of the judge "What prompted you to speak?" Roshal briefly replied: "Conscience." Before the meeting on February 5, he was not personally familiar with Elena Misyurina.

The speech of the prosecutor Farida Yusupova was shorter, but in terms of meaning she echoed with the performance of the defense: Misyurina did not violate the recognizance not to leave, she has a small child and parents with disabilities. Misyurin herself in the short last word asked the judge to let her return to the patients. The court translated her on the recognizance not to leave and immediately released.

Elena Misyurina left the court of the court about an hour and a half. She thanked the journalists for support and said that she hopes: next time she would see such a number of television cameras at the opening of the bone marrow transplantation department under construction in her hospital No. 52. Misyurina said that he would rest for several days and then return to work. She and her lawyers flatly refused comments on the merits of the case.

Sasha Sulim