Adnan Kivan came to the private clinic Odrex for surgery. He did not return home — according to the investigation, the doctors did not prescribe him the necessary antibacterial therapy and failed to respond properly to post-operative complications, which led to sepsis and death. Nearly seven months later, the case still has not reached a verdict — and on August 7, it became clear why.
The Kyiv district court of Odesa was able to hold a full court hearing in the case of surgeon Vitaly Rusakov and oncologist Marina Belotserkhovska for the first time in several weeks. They are accused under Part 1 of Article 140 of the Criminal Code of Ukraine — improper performance of professional duties by healthcare workers. The defendants deny their guilt.
Three consecutive hearings — without lawyers
The August 7 hearing, at which the court continued examining the evidence, was preceded by weeks of delay: three previous attempts to hear the case did not take place due to the absence of defense lawyers. It is at the stage of examining evidence that medical documentation, conclusions of forensic medical examinations and clinical protocols are reviewed — materials that should answer the main question: whether the patient could have been saved.
The next hearing is scheduled for September 3 — the court plans to continue examining evidence regarding the other defendant.
A month's break — and complaints about "excessive intensity"
An almost month-long break between hearings apparently suits the defendant Vitaly Rusakov, who publicly stated that the case should be heard no more than once a month. He criticized Judge Viktor Chaplytskyy for excessive intensity of the court proceedings — although, as noted, hearings did not take place precisely because of the absence of defense lawyers, not on the court's initiative.
Seven months of procedural maneuvers
Overall, the case of the Odrex doctors has been in court for over seven months. During this time, the lawyers of the defendants filed recusal motions against judges, initiated changes of jurisdiction, and petitioned for the return of the indictment to the prosecutor. After the transfer of proceedings from the Prymorskyy to the Kyiv district court of Odesa, the preparatory proceedings had to be conducted again — and just as the court moved to considering the case on the merits, the defense lawyers began to ignore the hearings.
Lawyers interviewed by UNN do not rule out that the cumulative effect of these actions may be a tactic aimed at closing the case due to the expiration of the statute of limitations. Denis Neviadomsky, president of the All-Ukrainian Association of Retired Judges, emphasized: every groundless adjournment brings the proceedings closer to closure due to the expiration of deadlines, which will make it impossible to establish justice in the case of Adnan Kivan's death.
Defendants who insist on their innocence would logically be most interested in the speediest possible hearing of the case — it is precisely such a hearing that could confirm their position. Instead, the procedural history of the case shows the opposite dynamic.
Restrictions that continue to apply
In early August, the court extended Rusakov and Belotserkhovska's preventive measure in the form of a personal undertaking for another two months. Rusakov was also extended his suspension from the positions of head of surgical department No. 2, surgeon and endoscopist at Odrex. At the same time, the investigation has grounds to believe that despite formal suspension, Rusakov continues medical practice outside the facility — without documenting actions in medical records.
If the pace of proceedings does not change by September 3, the case will approach the threshold beyond which the statute of limitations could close the proceedings before the court manages to answer the question about the causes of the patient's death.
