On Wednesday, while adjudicating the claim about admission of illegality of criminal case institution against Mykola Prodanchuk, the director of the Medved’s Institute of Ecohygiene and Toxicology, the former chief sanitary officer of Ukraine, at the Pechersk Court, the representatives of the General Prosecutor’s Office confessed the Indian measles and rubella vaccine was of good quality. Thus, this is the first legal dot in one of the most publicized “anti-vaccine” cases in Ukraine. Nevertheless, it seems that the end is rather far. Although Mr. Prodanchuk is currently taking chemotherapy in one of Kyiv hospitals, he is still wanted. Besides, the local traditions of esprit defending can’t afford law enforcement officers not to find a guilty one.
-- Mykola Heorhiyovych, you are the central figure in the criminal case, connected with the last-year’s vaccine scandal. Who was also brought to responsibility?
-- None.
-- Negotiations with WHO and UNICEF on elimination launching (mass immunization against measles and rubella – A.K.) in Ukraine took place not during a year. The draft regulation by the Cabinet of Ministers On Approving Action Plan for Conducting Additional Population’s Immunization Against Measles and Rubella was developed in 2007. It was agreed and signed by the ministers of Victor Yanukovych’s government...
-- And then by the ministers of Yulia Tymoshenko’s government. It means by all members of two governments who had to do with that. And it was also signed by the other highest officials, including the head of the SSU and by the heads of all oblast administrations.
-- By the way, when were you appointed as the chief sanitary officer of Ukraine?
-- On January 9 of 2008.
-- In other words, you “inherited” the project of additional immunization…
-- Yes.
-- According to your words, it turns out that those who approved the immunization project implementation have to be involved at least as witnesses.
-- I can’t agree. The term “involved” in this context could be used if there were a fact of illegal actions. Nevertheless, actions of the current government as well as of the previous one were not only legal but also directed to the good of our country. Regarding the document itself the draft regulation has the extensive explanatory note which is studied by everyone who is signing the document.
-- It means that what is imported into Ukraine is not a secret for anyone, including the mentioned SSU.
-- Of course. Moreover, this is the international agreement and of such a level (on such a scale). As there were no remarks or information from the SSU on this program which was implemented, I was absolutely calm. There were also no remarks concerning medical aspects from the Academy of Medical Sciences of Ukraine or concerning non-conformity of the legislation from the Justice Ministry.
In its turn this decision became the ground for the State Service of Medical Means that was an independent governmental body, without depending on the Ministry of Health, to create the official document, permitting the Indian vaccine import to the custom territory of Ukraine. This service has been preparing constantly the similar documents on importing unregistered medications (and there are tens of them) for many years. However, such permission affords only to import but not to use a medication. After that the state-run enterprise Centre of Immunobiological Drugs carried out the control of quality (certification in Ukraine) and handed the act of conformability. Then the State Service of Medical Means issued a decision about the vaccine conformity to adjusted indications of quality, what became the ground for legal vaccine usage along with the decrees by the Ministry of Health. By the way, the investigation has no claims to the quality of the vaccine as well as there are no claims to all permissive documents for its usage as everything was legal.
-- On May 18 this year Mr. Kalifitskyi, an investigator of the GPO of Ukraine, sent the addressed to Prime Minister Yulia Tymoshenko staff report in which he particularly noticed: “Thus, in the result of mentioned M. H. Prodanchuk’s criminal actions damage was made to the citizens’ rights, protected with the Constitution of Ukraine, for health protection…” and so on: “…implementation of international agreement of the Ukrainian government on measles and rubella elimination with a help of additional actions on population’s immunization was sabotaged”…
-- It is not true and it is also unfair, taking into consideration my professional position and citizenship on immunization in general and on additional one in particular as the reason of my voluntary leaving the position of the chief sanitary officer of Ukraine was the attitude to the issue of some influential politicians and state bodies that became obvious in 2008. And when we got the GPO instruction of May 17 of 2008 about suspension of the whole additional immunization, I understood we took a risk not to reach the elimination goal as well as not to succeed in implementing the programme in general as the medical problem was moved to the legal field. And for solving medical problems there are certain procedures in Ukraine as well as in all countries. And there was no case in any country when the prosecutor’s office interfered into medical aspects of such nature.
I was worrying that all actions of the GPO would take much more time than it was necessary for medical workers. They needed several days, maybe, several weeks. The investigation couldn’t be over in a month, any way. I supposed that and, unfortunately, I was right. Today all immunization process is stopped. Though, according to the medical criteria, the immunization had to be stopped only on this stage until the reason of teenager’s death in Kramatorsk was found out because just in several days it was clear that the vaccine had nothing to do with that and the programme could be continued. But the minister of health issued the respective decree. The vaccine was retrieved for quarantine. And the whole country stopped waiting for the end of investigation. I don’t understand why I am accused of everything if on May 28 last year the Cabinet of Ministers relieved me. How could I damage the immunization conducting? Moreover, in the same letter to the Prime Minister the investigator skips somehow the fact that the immunization was suspended in accordance to the GPO instruction.
-- Does it mean that the GPO has to investigate the actions of the GPO?
-- The Prosecutor’s Office had the reason to make such an instruction. The resonance was too serious that time. The policy was involved. Another question is whether there were clear grounds for that. There were no such grounds from my point of view. Cancellation of the instruction had to be based on the legal and not medical conclusions. And these are results of the investigation. Otherwise, if the policy were not involved, the results of the investigation could appear in July of last year as that time the positive results of repeated vaccine certification in Ukraine and also in France were known. The instruction said to certify the vaccine and to get the results of clinical testing. There were positive results of clinical tests from Finland. There were results of forensic medical examinations, demonstrating that vaccination and hospitalization of 230 people were not connected. There were conclusions of the Ministry of Health and of WHO that the teen’s death is not connected with vaccination and it means that the instruction on immunization termination could be already cancelled in July 2008. And then it was possible to pass solving of the question to medical workers. And the Ministry of Health was obliged to take the responsibility. But it turns out so that the instruction of the GPO is still in force.
-- But you were arrested. Were there any reasons for that? The question is not about arresting a drunk hooligan…
-- I was arrested in my working cabinet in the Ministry of Health, what caused indignation of Marc Danzon, the WHO regional director for Europe, because that time there were negotiations on the situation with vaccination with the UNO delegation of the high level. Nevertheless, an investigator can choose any measure of restraint. Though, again there should be reasoning. In respect of me that was exclusively a factor of psychological pressure.
-- There is information that in return to freedom you were offered to call those who ordered you to allow the one-time’s vaccine import. Due to your status that could be done only by two people – the minister of health (as you were the first deputy minister) and Prime Minister (you were the chief sanitary officer, reporting only to the government). There were even prompts in Mass Media. But you took everything upon yourself, though you were accused of exceeding official authority…
-- Firstly, it would be shameful betrayal for to save own skin temporary. There have been no such people in our family for recent 200 years. Secondly, powers, granted the chief state sanitary officer with the sanitary legislation of Ukraine, are so big that to exceed them is difficult.
-- We know about WHO’s indignation. Was there any other international reaction on your arrest?
-- There were letters from all international organizations I am a member such as the European Toxicological Association, the American Toxicologists’ Organization, the World Toxicologists’ Organization. Colleagues in many countries expressed their opinion regarding the situation. There were letters from artists, poets, composers. When I was released, conductor of the National Opera Herman Makarenko said that they understood they could not resist such an awful state machine as the General Prosecutor’s Office but they learnt “Murka” (trusties’ song) and were ready to play it by the walls of a pre-trial detention centre if they hadn’t released me.
-- You were realized with recognizance not to leave in three days. You came back to the Medved’s Toxicology Institute which you have been running for 15 years and the ordinary investigative days started. You were invited to interrogations…
-- I was invited to interrogation on March17, 2009 for the first time.
-- And you didn’t leave Kyiv all this time, did you?
-- When I had such a necessity, I warned the investigator. And when I left for foreign business trips as a member of governmental delegations I asked if I could go. He didn’t object.
-- Did you represent Ukraine as a member of governmental delegations, though you were considered as the main suspect in such a known case?
-- Yes, I represented as a hygienist and toxicologist. In particular as an expert I have been taking part in negotiations with the WTO for more than 14 years. And it was impossible just not to go for me as it was necessary to take a pile of extremely important for Ukraine decisions, for example, the decision on registration of chemical substances that hit significantly our exporters of chemical production to Europe. It is so-called RICH. Another example is frequently publicized problem of polluted sunflower oil. We succeeded in persuading the EU that Ukraine is able to provide with proper control. In the result the ban for export was cancelled. The price of this question is EURO 2 billion. Nevertheless, for that I had to be present in Brussels and Geneva.
-- And until May 26 this year the investigation had no discomfort that you could escape, remain abroad, had it?
-- It turns out that it had not.
-- But on May 26 you were put on the wanted list. The photos of escaped criminal, Doctor of Medicine, Professor, Honoured Physician of Ukraine, a corresponding member of the Academy of Medical Sciences, the former chief state sanitary officer of Ukraine, appeared on TV screens. And next day TV informed that you were at the hospital and you were not hiding. Besides, at the press conference your lawyer made public the papers in which he had officially warned the GPO of Ukraine that you were ill and with confirmation that the GPO had received the documents.
-- Why was I put on the wanted list? The aim is the same as the arrest had, i.e. to make me agree that I was chosen as guilty one. Secondly, I appealed against legality of criminal case institution at the court. The court sitting was settled for June 1. You may come to your own conclusions then.
-- When you were shown at the hospital, was detection stopped?
-- No, it was not. Next day the militioners (police officers) came and checked whether I was on the place and they prepared report. Then investigators from the prosecutor’s office came and they wanted to take me to interrogation. But physicians refused as I am ill and the treatment with intensive chemotherapy I am taking now needs hospital conditions. And if there are no such conditions the consequences can be fatal. But none has cancelled my arrest warrant. That is why the GPO decided to make another precedent and sent to the court communication for removal of my lawyer from the case. There was nothing like that. Though, the logic is clear. If the lawyer is removed all our appeals to the courts about illegality of the GPO’s actions and so on will not be considered as they were put into court by my lawyer. I am in the hospital and it means that I have no opportunity to be defended at the court. Of course, I can take a risk and go to the court to defend me myself. But the arrest warrant is not cancelled. And if I come to the court, I’ll be arrested immediately as I am put on the wanted list. Factually I am left completely without my constitutional right for defence.
-- An the last. What has Ukraine lost in this story? Even if 200 people are arrested, the threat of measles and rubella epidemic will not disappear. The vaccine stays in warehouses. Its validity is over in September…
-- First of all, this is image losses for Ukraine. Unfortunately, our country showed that the requested by it humanitarian aid was not used due to state prohibitive measures. In the result the citizens had no access to the humanitarian aid. It is one question when the agitation for immunization failed among citizens. There are no claims to the state. And absolutely another question is when the state didn’t provide citizens with the access to the vaccine. We demonstrated for the whole world that we took ten million doses of the vaccine of good quality which could be used in our country or in some poorer countries where they would protect a lot of people from diseases and could rescue a lot of lives. But we took them and didn’t use. This case showed that in our country politicians, fighting for influence, and business, fighting for the markets and government orders (contracts), are ready to disdain even the health of several generations. Meanwhile, I am not tired to persuade people that medicine has not still invented more effective and available way of protection from dangerous epidemic diseases than inoculation. And the risks from inoculation are not equal to risks of diseases.
The commentary by human rights activist Semen Hluzman:
-- I am an ordinary doctor who is not a specialist in the field of vaccination. But I am also a citizen of Ukraine. And I am ashamed. For me, the former Soviet political prisoner, it is awful. Because when the Soviet system collapsed I was firmly sure that what happened that time would never happen again. It has turned out it can happen. And it can be calm and non-punishable. Again the intelligence agencies are dealing with issues they have not logically to deal with. They put on the wanted list calmly the person who is not hiding but he is even going abroad as a member of the governmental delegations. And then there is a beautiful TV picture when he flourishes his arm from the window of a hospital. And that is when on the eve Prodanchuk’s photos as photos of escapee from the law were shown on TV. There is no word for that. And I am very sorry that it happens in my country. That is a great illustration of those who represent power today. We have nodding acquaintance with Mr. Prodanchuk who is at the hospital and on the wanted list at the same time. But I know that he is a great specialist. Everyone speaks about that. His colleagues do and even his ill-wishers do. Everyone says he is a great specialist and a great manager. But what has he to do with that? And why it is necessary to create such rush if it is absolutely clear that the case will fail, with this President’s leaving or before his leaving, but it will fail. And again simple investigators will be guilty because they fulfil someone’s will. Several days ago one competent worker of the intelligence services said to me that this is absolutely designer case. And that everyone understands this. And that was not that investigator, the authorized operative who is processing Prodanchuk’s case. That was just the person who because of his professional duties understands what is going on there. And this is a shame. That is another disgrace for Ukraine.
