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From one tragedy to a systemic problem: how a scandalous clinic tries to shift the focus in the "Odrex Case"

Kyiv • UNN

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The case of Adnan Kivan's death became a turning point for the Odrex clinic. After it gained wide resonance, more and more people dared to speak about their own negative experiences of treatment in the scandalous clinic. In response, Odrex's lawyers seem to have chosen a tactic of shifting the case from the legal to the public sphere. Experts emphasize: in such conditions, the line between the right to defense and the risks to the principles of the rule of law is extremely thin.

From one tragedy to a systemic problem: how a scandalous clinic tries to shift the focus in the "Odrex Case"

Public statements by lawyers of the scandalous Odesa clinic Odrex, sharply criticizing the actions of the investigation, are increasingly going beyond legal discussion. According to experts, such activity in the media space may show signs of informational pressure on justice – a phenomenon that contradicts the principles of the rule of law. What risks this poses for the entire law enforcement system, read in the material by UNN.

After the death of Ukrainian developer Adnan Kivan at the private clinic Odrex, it was probably expected that the case would be an isolated incident. However, widespread public outcry changed the course of events: publicity gave courage to other patients and families of the deceased to openly speak about their own experience of treatment at the medical facility. Moreover, these people were not limited to interviews or social media posts, but turned to law enforcement and began their own fight for justice.

It was after this that the "Odrex Case" ceased to be just a case about the death of Adnan Kivan. Dozens of criminal cases appeared, which are being investigated under articles on fraud, medical negligence, and even intentional murder.

Against this background, the public rhetoric of the clinic and its lawyers changed dramatically. When it became clear that the scandal around Odrex was gaining more and more publicity every day, statements about "pressure on business" and attempts at "raider seizure" of the clinic began to sound in the public space.

In numerous posts on social networks, lawyers of the scandalous "Odrex" clinic not only criticize the investigation but also appeal to emotionally sensitive topics: war, shelling of Odesa, and blackouts. In this way, lawyers may be trying to shift the case from the criminal-legal plane to the political and socio-emotional one. Lawyers are trying to replace judicial review with loud statements on social networks, and complex legal reality with a simple division into "bad" and "good."

Former Deputy Prosecutor General of Ukraine, lawyer Oleksiy Bahanets, in an exclusive comment to UNN, noted that the basis of a lawyer's work is strict adherence to the requirements of the Criminal Procedure Code. And attempts to influence and "pressure" the law enforcement system through public speeches and statements contradict the principles of a legal state. At the same time, he emphasized that public comments by lawyers on a case are possible only if they do not turn into a tool of pressure.

The behavior of a lawyer in a process when criminal proceedings are at the stage of pre-trial investigation, and the behavior of a lawyer when criminal proceedings are in court, for example, with an indictment, are, of course, determined by their duties provided for by the criminal process. I am not even talking about the law on advocacy, advocacy activities, about the moral principles of a lawyer's activity.

- Oleksiy Bahanets noted.

Show instead of law

Separately, the expert drew attention to a systemic problem of Ukrainian justice – the substitution of the criminal process with information campaigns. Because of this, society increasingly receives not legal evidence from a lawyer, but an emotionally colored picture that forms public opinion even before a court decision. In addition, according to the former Deputy Prosecutor General of Ukraine, ignoring procedural rules and appealing to emotions instead of law calls into question Ukraine's European aspirations.

Today there is no secret of pre-trial investigation. Whoever benefits, discloses it. And why? Because it's a show. A show is needed. The main task of the criminal process is to observe legality, to observe the principles of the rule of law, which we have long since given up on and no one pays attention to. Of course, this does not characterize us as a country ready to become a member of the European Union. Because no one pays attention to the rule of law here.

- he stated.

Now, the lawyers of the Odrex clinic have gone even further – in their statements, they actually call on the Prosecutor General to intervene in the investigation, personalize responsibility, and publicly identify "guilty parties" outside of court. Formally, this is another element of the strategy chosen by the defense. In fact, it may be an attempt to influence the course of the investigation through political pressure.

In particular, at the Odrex clinic's press conference, lawyer Masi Nayyem stated that although there is no concrete evidence and he does not accuse anyone of pressure on the business, pressure is allegedly taking place. Nayyem also publicly named several surnames.

"We are not currently claiming that this is a fact established by the court, and we are not accusing anyone directly in this hall," Nayyem said, adding that he was using information that "needs verification."

Recall

One of the most high-profile criminal proceedings against the scandalous "Odrex" clinic concerns the death of Ukrainian developer Adnan Kivan, who died on October 27, 2024, after treatment at the Odrex clinic. Oncologist Maryna Bielotserkovska and head of the surgical department Vitaliy Rusakov were notified of suspicion under Part 1 of Article 140 of the Criminal Code of Ukraine – improper performance of professional duties that caused the patient's death.

The prosecution refers to the conclusions of the forensic medical examination, according to which the cause of death was sepsis. According to the investigation, after the operation, the patient was not prescribed antibiotics in a timely manner, and doctors did not react in time to the development of the infection.

Adnan Kivan's death became a turning point that marked the beginning of the so-called "Odrex Case." After the widespread public outcry surrounding the case, new public testimonies emerged from other patients and families of the deceased, who claim possible systemic problems at the Odrex clinic. These stories formed the basis of the documentary film "Wasp's Nest."

Currently, 10 criminal cases have been opened against the "Odrex" clinic for fraud, improper performance of professional duties by medical workers, and intentional murder. According to UNN, nine criminal proceedings regarding the activities of the Odrex clinic are being investigated by the territorial bodies of the National Police in Odesa Oblast, and one by the Main Investigation Department of the National Police of Ukraine. Some of the cases concern the deaths of patients after treatment at the clinic, others – possible financial abuses and medical negligence.