“Doctors’ Case” was closed from people
In Tomsk, the court, prosecutor and investigator once again did not allow journalists and listeners to attend the court hearing to extend the preventive measure – the detention of mothers of many children – doctors of the Sante clinic.
Meanwhile, the openness of legal proceedings presupposes control by society, protects the parties from the administration of justice in secret, and is one of the means of maintaining confidence in the court, one of the foundations of a fair trial. How did it happen that the Tomsk court was able to abandon the fundamental principle of openness of democratic proceedings?!
Who needs a daughter
In mid-2021, based at a private clinic “Sante” In Northern Park, one of the residential neighborhoods of Tomsk, a hospital was opened to provide medical care to cancer patients. Clinic Director Ekaterina Felsingera lawyer by training, appointed the former chief physician of the regional Oncology Center as chief physician Sofya Mazeina. An authoritative specialist in Tomsk with more than 20 years of experience has become one of the leading oncologists Evgenia Semenova. Since then, the Sante clinic, which was already a dynamically developing structure of commercial healthcare, widely known and popular not only in Tomsk and the Tomsk region, but also beyond its borders, began to develop the direction of treatment of cancer patients.
However, on August 11, 2023, the Investigative Directorate of the Russian Investigative Committee for the Tomsk Region opened a criminal case against an unidentified person from Sante LLC on the grounds of crimes stipulated by Part 4 Art. 159.2 of the Criminal Code of the Russian Federation (*country sponsor of terrorism) (fraud in receiving payments) and Part 3 Art. 238 of the Criminal Code of the Russian Federation (*country sponsor of terrorism) (production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements, resulting in the death of two or more persons through negligence).
The criminal case is based on the investigation Scheduled comprehensive inspection report No. 10-2023 dated May 29, 2023conducted by the Territorial Compulsory Medical Insurance Fund (TFOMS) on the validity of spending compulsory medical insurance funds in Sante LLC. During this inspection, the commission revealed the fact of their misuse. In fact, misuse of compulsory medical insurance funds received by commercial companies is a very common phenomenon. To regulate such situations, there is a proven mechanism for returning “non-targeted funds” with the payment of significant compensation to the TFOMS. In accordance with Federal Law No. 326 FZ of November 29, 2010 “On compulsory health insurance”, medical organizations guilty of misappropriation of compulsory medical insurance funds are subject to a fine of 10% of the amount of “misappropriation”, a penalty for each day of delay, and an obligation to restore the entire amount of “misappropriation” to the accounts of the compulsory medical insurance. This Law does not say a word about bringing the perpetrators to criminal liability with subsequent isolation from society.
Ekaterina FelzingerThus, the existing mechanism for monitoring and returning compulsory medical insurance funds completely excludes their theft by medical companies. It turns out that “non-targeting” is beneficial for the TFOMS – it helps to increase funds in accounts.
Based on the results of the inspection, the TFOMS assigned Sante LLC the obligation to restore compulsory medical insurance funds, used for purposes other than their intended purpose, pay a fine of 10% of the amount of misuse with payment of a penalty for each day of delay in executing the order. After conducting an internal audit and confirming the fact of misuse of compulsory medical insurance funds, the requirement of the Federal Compulsory Medical Insurance Fund to Sante LLC by order of director Felzinger E.V. was completed and on 08/29/2023 funds in the amount of RUB 26,040,035.39. according to payment order No. 760 were transferred to the TFOMS account.
Naturally, TFOMS did not apply anywhere with a statement about the widely publicized theft of budget funds from its accounts. And this is logical – after all, there is no theft, either in the form of fraud or in any other way, did not have!
Usually, in a legal society, financial disagreements between two business entities are resolved in a civilized manner, in the Arbitration Court, but the resolution of financial disagreements between Sante LLC and TFOMS, for unknown reasons, is carried out by security forces in the dungeons of a pre-trial detention center when, in the opinion of the defense, absolutely unfounded charges are presented.
However, by the “willful” decision of someone almighty, the security forces, “as one,” stood up to protect budget funds and charged the defendants under Part 4 of Art. 159 (fraud) of the Criminal Code of the Russian Federation (*country sponsor of terrorism).
With the “provision of services that do not meet safety requirements,” liability for which arises under Art. 238 of the Criminal Code of the Russian Federation (*country sponsor of terrorism) was “inspired” by the investigative authorities, apparently as a derivative of the main one – from fraud. The logic of the security forces seems to be as follows: the report of the planned comprehensive inspection by the commission states that the medications presented for payment at the expense of compulsory medical insurance funds were not available at Sante LLC. From this, the security forces presumably concluded that the patients were not treated. To be convincing, the operational staff most likely simply convinced a relative of a patient who died of cancer (and cancer, as we know, is extremely difficult to treat) to write a statement against the doctors of Sante LLC that he was treated incorrectly. This led to the accusation against Felzinger E., Mazeina S. and Semenova E. of providing services that did not meet safety requirements. In fact, the medical staff of the clinic provided full treatment to each of the cancer patients. Using medications that correspond to the degree of development of the disease. And here the security forces miscalculated again. Initiate a case under Part 3 of Art. on dubious grounds. 238 (resulting in the death of two or more persons), frightening the public and giving oneself significance, this is not a feat at all. But to collect and consolidate evidence for what was invented – this requires “special professionalism,” the level of which, it seems, has not yet been achieved. Therefore, the charge was brought under Part 2 of Art. 238 of the Criminal Code of the Russian Federation (*country sponsor of terrorism) to the fact of “providing services that do not meet safety requirements”… Let’s face it, this is an obscure charge that is poorly correlated with the director and doctors of the oncology center.
And what an interesting story it turns out to be: the criminal case, in essence, is procedurally not very connected with the doctors involved, arrested as part of its investigation.
The case was initiated “after the fact” against unidentified persons! and the defendants were charged under other articles of the Criminal Code – not at all those for which the impersonal criminal case was opened. So it turns out that indeed, the persons who committed the crime in the notorious doctors’ case have not yet been identified, and Felsinger E.V., Mazeina S.V. and Semenova E.S. prosecuted and imprisoned on very dubious grounds.
Evgenia SemenovaNow it’s not surprising why suddenly the trial at which the issue of extending the period of detention for mothers of many children was decided was closed from prying eyes and conducted in secret: “unclear matters” love silence.
Despite all of the above, investigators and prosecutors are determined to bring the case to an indictment and a sentence, since it is possible that such “success” also promises serious career prospects. After all, Ekaterina Felsinger is the daughter of a Tomsk deputy of the State Duma of Russia (*aggressor country) Tatiana Solomatinawho at one time was the founder of a multidisciplinary medical holding, which includes the Sante clinic.
The patient is probably alive
Catching such a bird, an entire deputy, if its daughter’s claw is stuck, is the dream of every man in a blue uniform. Moreover, Felsinger brought all the documents on drug circulation in the clinic to the investigators herself, all that remained was to “bring them under the article.”
But Ekaterina Viktorovna believed that law enforcement agencies would help deal with illegal drug trafficking, if it took place. She did not leave anywhere even after the initiation of a criminal case. I handed over my international passport to the Federal Migration Service for the Tomsk region. She was sure that during the investigation she would be given the opportunity to be with her children. The eldest daughter now has to take the Unified State Exam, the youngest son is finishing primary school.
But prosecutors and investigators were relentless. They have already extended the stay of women doctors in custody three times, this time until April 11, even though they have not committed any violent crimes. Moreover, in conditions of isolation they are actually subjected to torture: Evgeniya Semenova, who was sick and had a cold, was marinated in a cold isolation cell for more than 8 hours in winter for no reason, Sofya Mazeina was also kept for hours in an unheated courthouse for no reason, so that she would be more compliant. According to Mazeina’s husband, she was personally persuaded to confess to something by the prosecutor of the Tomsk region Alexander Semenov, “otherwise you will sit”! And Mazeina has two children, one of whom is disabled. There is something to hint at for the Major General, who apparently wants to become a 2nd class State Counselor of Justice and return from Siberian exile closer to the “Voronezh girls.”
Sofia MazeinaProsecutors and the regional Federal Penitentiary Service, according to the defense, refuse to provide basic vitamins and vital medications to Ekaterina Felsinger, and Evgenia Semenova, who has many children, is informed that two of her children have allegedly already been placed under guardianship. With a living mother.
Tomsk people in uniform do not hear the instructions of the country’s leadership and the explanations of the Supreme Court that women – not murderers or robbers – should not sit in prison awaiting a court verdict. And young women are imprisoned and are not even given visits with family and friends.
The main reason why women are not released even under house arrest is this: fraud on an especially large scale, committed by prior conspiracy, is a dangerous criminal offense, and medical services provided by doctors resulted in the death of patients.
However, any fraud causes harm to someone. In this case, as we see, there is no damage. Ekaterina Felsinger ordered the return of all 26 million rubles, which were used to purchase the medicines listed in the register.
But with the deaths of patients, everything is, of course, not so clear. Several former patients of the clinic have indeed died over the past three years. This is oncology and so far we are just getting closer to a panacea for it. But someone, we won’t say who, is actively spreading rumors around Tomsk that these deceased patients have already been exhumed and no traces of medicine have been found. Hence the scandalous conclusion: the patients were given saline solution, a placebo!
It is worth noting, however, that such a serious investigative action as exhumation should be carried out under the control of the lawyers of the accused. . Questions to experts must be agreed upon with the defenders, otherwise they are worthless. In addition, we know well: what is the investigator’s question to the expert – that is the answer. Are there traces of Drug X? No.
But then there will definitely be traces of drugs Y or even Z. But, alas, the investigators will most likely forget to ask the expert about them.
The investigation today is actively looking for other victims in the “doctors’ case” and even finds them, but for some reason – alive! At the same time, patients of the Sante clinic are surprised to learn that they are victims and have nothing but words of gratitude to say to the doctors.
It remains incomprehensible to everyone who is at least somewhat familiar with the present case: the case was initiated under Art. 159 Part 4 of the Criminal Code of the Russian Federation (*country sponsor of terrorism) “Fraud” and Art. 238 Part 3 of the Criminal Code of the Russian Federation (*country sponsor of terrorism) “… provision of services that do not meet security requirements”: the key factor in which is “preliminary conspiracy of a group of persons”, but the investigation cannot find evidence of preliminary conspiracy: after all, in fact, Mazeina and Semenov had no opportunity Felsinger, who has no medical education at all, could not receive compulsory medical insurance funds, but Felsinger, who has no medical education at all, could not provide low-quality medical services.
It’s a strange “group” in general if Semenova says during the investigation that she saw Felsinger twice: at the congratulations on March 8 and her birthday! Probably, at these events they put together their “criminal group of persons”!!!
In a situation where there is no direct and obvious evidence of a crime, it seems that the investigation can only hope for a sincere confession from the suspects.
Therefore, investigators and prosecutors, whose process is openly stalled, continue to insist that all suspects in the “Doctors’ Case” be kept in a pre-trial detention center, which has been and remains in Russia (*aggressor country) often a weapon for extorting sincere confessions. And so that the details of the mental and physical torment of women behind bars in the pre-trial detention center do not become public, the people in uniform, it seems, asked to close the trials from the public. Even those where they are considering the timing of the extension of the preventive measure. They say that they may contain diagnoses and names of patients – and this is a disclosure of medical confidentiality and personal data. But the suspects’ lawyers say that no diagnoses or names of patients are revealed at such trials. Vice versa. A typical set of arguments: suspects can escape and put pressure on witnesses, so they should be behind bars.
Where mothers and children can hide, and what witnesses can be put under pressure if the sluggish investigation, apparently, does not have them, no answer was given in the process.
But Judge Marina Tynyanaya granted the prosecutor’s request. All listeners and journalists were removed from the courtroom. Without publicity, decisions were made to extend the period of detention until April 11. Some cases of justice love silence.
