Due to lawlessness in the healthcare system and the “telephone law” of officials, the rights of a qualified doctor have been violated.
The Turkmen Helsinki Foundation for Human Rights received a letter from a well-known doctor in Turkmenistan with many years of experience. An obstetrician-gynecologist, an ultrasound specialist states that there is no respect for human rights left in the country. The letter tells how the employer, using his official position, is persecuting her and, having created the image of an “enemy of the people”, is trying to get rid of an unwanted witness to his illegal actions. The local prosecutor's office, the courts, the trade union and the Ombudsman's office, which are obliged to defend human rights, followed the example of a single top official who imagined himself to be the master of the situation. Human rights activists see elements of harassment in his actions. Everything described by the doctor can be confirmed by relevant documents. So, the letter itself.
“Hello, dear human rights activists.
I am Ismatullaeva Khursanai Rakhmetovna, obstetrician-gynecologist, ultrasound specialist. I am compelled to turn to you, because all my attempts to defend the rights run into a blank wall of Turkmen lawlessness.
Earlier, Turkmen.news covered the story of my ordeals. After that, I went around all instances, but nowhere could I achieve justice. Since 2010 I worked at the "Ene Myahri" perinatal center in Geokdepe, where, under the guidance of the interim chief medical officer A. Khanov, a general disgrace was happening, which I was a direct witness to. Namely: corruption and unreasonable paid operations of female organs without medical indications (at the same time, the proceeds went past the cash desk); mortality of healthy children due to low qualification of specialists; abuse of official position, which led to the untimely death of the deputy for the medical unit B.A.B. In addition, with a wage of 1535-1680 manats, I received a greatly reduced salary (950-1050). This was explained by the fact that I seem to have to fulfill a monetary plan of 5500-6000 manats a month, although this was not part of my job responsibilities.
On May 25, 2017, the Deputy for Medical Affairs B.A.B. at the workplace, potassium chlorine was accidentally injected intravenously, which caused sudden cardiac arrest. After starting a heartbeat, she had to be urgently transferred to a specialized hospital. However, in order to avoid publicity of the case, A. Khanov did not hospitalize the doctor and she died on the sixth day. He wanted to force me to change the conclusion of the examination and rewrite the doctor's medical history. I refused, and this is where the “concert” began: Khanov decided to get rid of me as a witness to his criminal actions.
In the next vacation period from July 12-24, I was dismissed under the article absenteeism, despite the fact that I applied for leave in advance on June 24, which was confirmed by the testimony of A. Khanov himself in court.
I turned to the trade union of Akhal province, which on 08/09/2017 issued an order on the grossest violation of the law by the employer, that they did not receive the consent of the primary trade union committee of the Center, that I was “obliged to reinstate my previous job and pay for forced absenteeism”. On August 15, the document entered into legal force, however, A. Khanov, completely without reason, refused to comply with the order.
I applied to the prosecutor's office of Akhal province, which on September 25, 2017 issued a decision to send the case to the health department of Akhal province to eliminate the violations of the law of Turkmenistan committed by A. Khanov. However, the General Prosecutor's Office ruled without motivation that “there is no violation of the law in the actions of the employer”.
On October 31, 2017, the Geokdepe District Court and on March 7, 2018, the Supreme Court also ruled that I was correctly denied reinstatement “because the employer considers his actions to be lawful.” All these decisions are made without considering the substance of the issue, without being motivated by the norms of the law.
My repeated appeals to pay attention to the violation of the conduct of legal proceedings and references to the norms of international treaties ratified by Turkmenistan on ensuring citizens' right to fair judicial protection were unsuccessful. Like "peas against the wall." Supervisory and judicial bodies do not at all understand the merits of the complaint, but simply shield those in power. As I understand it, ignoring violations of the rights of citizens and “vertebral” decision-making without motivation is the “horse” of our national judicial system.
As a result, instead of a detailed analysis of the situation on the merits, I received a summons dated 03/07/2018 in accordance with the Code of Criminal Procedure to appear at the State Service for Combating Economic Crimes, with the threat of initiating a criminal case. Thank God, it worked out.
Registered for unemployment. Mass of vacancies. They call up with employers and agree on a vacancy. However, as soon as they find out who I am, they refuse to hire me. Similarly, I was rejected five times!
From the last place, they were generally disgraced: they hired me with joy, made a record of hiring. The next day, they fired me without explanation. In the work book with rough scuffs, it was attributed that the order for employment was a mistake. In written form, they gave the answer that the characteristic from the place of work does not meet the requirements. And in the testimonial it is written that I am acting against the policy of Arkadag!
Repeatedly appealed to the Ombudsman Yazdursun Gurbannazarova. At the first appointment, she said: “The employer will reinstate you at work,” and forwarded the complaint to the Supreme Court. Then she abruptly changed her attitude towards my case and, with reference to the same court, categorically refused to proceed with the proceedings. All answers of the Ombudsman are ordinary replies.
Corruption and "vertebral" practice finished off the so-called independent trade union. The Akhal trade union, which initially acknowledged the violation of the law in my case and issued an order in my favor, subsequently, at a court hearing on 04/09/2018, renounced its powers to protect the rights of the employee and the legality of the order issued by them.
Now I have been fired for absolutely no reason, I have been denied permission to work. The authorities tried to file a criminal case against me. They are persecuting me until today so that I cannot get a job anywhere, even in another system. So, I tried to get into the education system, as a doctor in boarding schools. Also, at first they agreed, and then refused.
I hope this appeal will reach the President and he will find out what is happening in our healthcare system. I intend to give an interview to Radio Free Europe/Radio Liberty and other media in order to reach out to the guarantor of the Constitution of Turkmenistan. Because the Ombudsman, prosecutors and judges, instead of protecting the rights of citizens, shelter and protect violators of the rights and legitimacy of Turkmenistan. No wonder they say: “The hand washes the hand ...”!
With respect and hope for the restoration of justice,
Khursanai Ismatullayeva".
Turkmen Helsinki Foundation for Human Rights
