The case of Ogtay Gyulalyev. A letter to the Attorney General

Baku/18.01.21/Turan: On January 6, Firuza Gyulalyeva, the wife of human rights activist Ogtay Gyulaliyev, appealed to the General Prosecutor of Azerbaijan Kamran Aliyev with a statement to bring to justice the doctors, through whose fault Ogtay has been in a coma for more than a year. There was no response, although the Prosecutor's Office and the Prosecutor General personally declared their interest in investigating the "doctors' case." In September 2020, the case was even singled out as a separate office work.

Investigative actions against the doctors began immediately after the accident on October 29, 2019, when Gyulaliyev was hit by a car at the intersection of May 28 and Pushkin streets. He was fully conscious and without any bruises, except for a head injury. He was taken by the driver who hit him to the 1st Clinical Hospital. He could move independently and even wanted to go home. According to doctors, primary tomography (MRI) did not reveal intracranial hemorrhage. What happened next is indicated in the letter to the Attorney General, published below.

It should be noted that the trial in the case was postponed with a legislative justification that Ogtay Gyulalyev to be present at the trial, which was absurd then and now. Only after the demarches of the family and public indignation, a year after the accident, the trial on the fact of the car hitting Gyulalyev began. This delay caused various suspicions about the involvement of the authorities in the incident. As for the doctors' case, the situation is more serious and the actions of the prosecutor's office give grounds for versions of deliberate failure to provide assistance or about the incompetence of doctors and paroxysmal negligence.  The case is not just Gyulalyev. Do such medical facilities pose a threat to people's lives? This is no longer a private but a public problem.

In case of severe traumatic brain injury, the medicine says, “A person who has received a head injury needs medical help.

The ambulance takes the victim to the traumatology department or to intensive care. There the patient is examined, if necessary, an X-ray of the skull, neck, thoracic and lumbar spine, chest, pelvis and extremities is done, an ultrasound of the chest and abdominal cavity is performed, blood and urine are taken for analysis. An ECG may also be prescribed. In the absence of contraindications (state of shock), CT of the brain is done. Then the patient is examined by a traumatologist, surgeon and neurosurgeon and diagnosed.

A neurologist examines the patient every 4 hours and assesses his condition on the Glasgow scale. In case of impaired consciousness, the patient is shown tracheal intubation. A patient in a state of stupor or coma is prescribed artificial ventilation. Patients with hematomas and cerebral edema are regularly measured intracranial pressure.

The victims are prescribed antiseptic, antibacterial therapy. If necessary, anticonvulsants, analgesics, magnesia, glucocorticoids, sedatives.

Patients with hematoma require surgery. Delaying surgery within the first four hours increases the risk of death to 90.

In case of severe hematoma, the risk of death increases to 30–40%. Among the survived there is almost one hundred percent disabled. Its causes are severe mental and speech disorders, epilepsy, meningitis, encephalitis, brain abscesses, etc.

A complex of rehabilitation measures provided in relation to the patient after stop of acute phase is of great importance in the patient's return to an active life.

Directions of rehabilitation after traumatic brain injury

World statistics show that $1 invested in rehabilitation today will save $17 to ensure the victim's life tomorrow. Rehabilitation after brain injury is carried out by a neurologist, a rehabilitologist, a physical therapist, an occupational therapist, a massage therapist, a psychologist, a neuropsychologist, a speech therapist and other specialists. Their activity, as a rule, is aimed at returning the patient to a socially active life. The work to restore the patient's body is largely determined by the severity of the injury. In case of severe injury, the efforts of doctors are aimed at restoring the functions of breathing and swallowing, at improving the functioning of the pelvic organs. Specialists are working on the restoration of higher mental functions (perception, imagination, memory, thinking, speech) that could have been lost." The original of the article: https://aif.ru/boostbook/cherepno-mozgovaja-travma.html

The Turkish doctors who examined Gyulalyev were astonished by the actions of the Azerbaijani doctors, whose actions could be regarded as attackers. Because of incredible efforts, Turkish doctors from the Avrasia Clinics and the American Hospital in Istanbul managed to save Gyulalyev's life. However, all this was done thanks to the assistance of First Vice President Mehriban Aliyeva. In Baku, the operation was carried out by doctors of the Republican Neurosurgical Clinic literally at the very last moment - at noon on October 30, 2019, on the verge of death. Subsequently, the delivery of Gyulalyev to Turkey and his treatment were provided by the Heydar Aliyev Foundation. After returning home on November 8 last year, further treatment was entrusted to TƏBİB. Ogtay was assigned to daytime nursing, but there was a problem with expensive medicines and special meals. They have recently been purchased at the expense of friends. TƏBİB does not react in any way to the signals of the Gyulalyev family about the need to provide medicines and food. If urgent measures are not taken, Gyulalyev's life will be in danger, although it is very serious. His health is improving from day to day g and this can be ascertained by the medical staff.

The family believes that all expenses for the treatment of Ogtay Gyulalyev should be imposed on the clinics, which did not provide proper and timely assistance, which caused serious consequences.

Ogtay Gyulalyev deserves attention, because he is a person who has always reacted to the troubles of people and it is not without exaggeration that he assisted thousands of citizens, despite persecution. This is the brightest human rights defender in Azerbaijan. After the road accident on October 29, 2019, the human rights movement in Azerbaijan has noticeably weakened, and this is an indisputable fact.

To the Prosecutor General of the Republic of Azerbaijan,

Mr. Kamran Aliyev

From wife of Ogtay Gulaliyev

Firuza Rza Gizi Gulaliyeva

PETITION

Mr. Prosecutor General,

My husband, well-known human rights activist Ogtay Gulaliyev, was hit by a taxi driver on October 29, 2019, at around 5:20 p.m. while crossing the road in Baku. After the incident, Ogtay Gulaliyev was first transferred to City Clinic Hospital No. 1, and then to City Hospital on the eve of 23:00. Although my husband was already in a coma at the time of his transfer to Baku City Hospital, his operation was delayed by another 13 hours at the hospital, and at around 12 noon, on October 30, Ogtay bey was operated on in his most critical condition. The operation took place only after the intervention of the Ministry of Health, thanks to doctors sent from the Republican Neurosurgery Hospital on the instructions of the Ministry. Ogtay bey was taken to Turkey on November 5, 2019, on the instructions of Mrs. Mehriban Aliyeva, President of the Heydar Aliyev Foundation, to continue his treatment due to his unstable condition. He was brought back to Baku on November 6 this year (2020) and is currently receiving treatment at home.

Despite the fact that more than 14 months have passed since the incident, Ogtay Gulaliyev is still in a coma. According to neurologists and doctors, the reason for my husband's condition is that his operation was delayed too much. According to doctors, Oktay Gulaliyev had to undergo surgery immediately because of a brain hemorrhage. However, a medical intervention was not performed for O. Gulaliyev during 13 hours as I mentioned, in fact, he was not under the supervision of any neurosurgeon or doctor during this period.

Mr. Prosecutor General, we would like to inform you that the reason for Ogtay Gulaliyev‘s being in a coma was the impolite and unknown negligence of the doctors of the Baku City Hospital; however, the hospital administration has not been held accountable during the past 14 months. Currently, my husband's condition is assessed as moderate-severe. Excluding the important assistance provided to him by the nurses and us, his family members, Oktay bey's medicines, which should be imported only from Turkey, cost around 9,300 AZN. For the reasons mentioned above, we believe that all these costs should be covered by the administration of Baku City Hospital.

Mehman Aliyev, the legal representative of our family, has previously appealed to you due to the slowness of the investigation of the criminal case opened in connection with the incident, as well as the failure to respond to my and our advocate Fuad Aghayev’s appeals. A few days after that appeal, on September 19, our advocate and our legal representative Mehman Aliyev were received by the Nasimi District Prosecutor, Hasan Hanifayev, who said that another criminal case opened in connection with the incident at the hospital was about to be sent to court. However, despite the fact that the next three months have passed, unfortunately, the investigation is not over. The reason for our appeal to you is to take this issue under your personal control and ensure that the case is expedited by the court. Please give instructions for taking the necessary steps as soon as possible to initiate legal proceedings to give a legal assessment of what happened to my husband. Thank you!

Sincerely,

Gulaliyeva Firuza Rza gizi