Resolution concerning decision not to initiate a criminal case

20 October 1997

Moscow

A.A. Stanishevskaia, assistant to the Meshchansk regional procuracy, having reviewed the material concerning the incident of involuntary hospitalization of Mr. M.V. Dubovitsky in the psychiatric hospital,

determined

on 2 October 1997 material from the eighteenth police precinct of the Russian Administration of Internal Affairs of the city of Moscow was submitted to the Meshchansk regional procuracy regarding the report from Mrs. T.V. Dubovitskaia about the illegal admission of her husband, M.V. Dubovitsky, into a psychiatric sanatarium on 29 June 1997.

In the course of investigation, conducted by the Meshchansk regional procuracy of the city of Moscow, it was determined that on 29 June 1997 in the church of the Dormition of the Most Holy Mother of God in Pechatniki, located at the address: Sretenika St., bldg. 3, at the time of the liturgy a call to psychiatric first aid was made by Mr. Radionov, who identified himself as a parishioner of the above-named church.

Around 12:00 on 29 June 1997 a psychiatric first aid team consisting of Dr. G.L. Shafran and feldsher B.B. Savushkin arrived at the indicated address. From there Mr. Dubovitsky was taken by the team to hospital number 14 with a diagnosis of "schizophrenia."

In his statements Dr. Shafran indicated that when the first aid team arrived at the church they were led into the vestry and a corridor where the physician saw a man lying on the floor, calling for help and reading psalms. All of this was going on while nobody was dealing with the man and nobody was applying force to him. Dr. Shafran identified signs of acute psychiatric disturbance and decided, according to the law of the Russian federation "Concerning Psychiatric Help and Guarantees of the Rights of Citizens during its Administration," to hospitalize Dubovitsky involuntarily inasmuch as he was at that moment socially dangerous and his conduct could lead to conflict among parishioners of the church. G.L. Shafran explained that the rector of the church, Kochetkov, opposed the violent hospitalization of Dubovitsky. Feldsher B.B. Savushkin gave similar explanations.

With regard to the incident of the involuntary hospitalization of M.V. Dubovitsky in a psychiatric hospital, a commission under the leadership of A.S. Tiganov of the Russian Academy of Medical Sciences met in the ministry of health of the Russian federation from 4-10 October 1997. The commission came to the conclusion that at the time of the hospitalization M.V. Dubovitsky was in an acute reactive state and that under the circumstances the actions of Dr. G.L. Shafran were justified, since if he had acted otherwise the physician would be considered to have failed to render medical aid. Thus Dr. G.L. Shafran's actions were not criminal, in accordance with article 128, part 1 of the criminal code of the Russian federation, on the basis of the above-cited facts and articles 5, pt. 2, 109, and 113 of the criminal procedural code of RSFSR.

Resolved: 1. To reject the initiation of a criminal case in regard to the involuntary hospitalization of Mr. Dubovitsky in a psychiatric hospital. 2. To inform the persons concerned of the decision.

A.A. Stanishevskaia, assistant to the Meshchansk regional procuracy of Moscow

Approved: O.I. Stepanov, senior justice councilor, Meshchansk regional procurator of Moscow

20 1997 .

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