Author of the analysis: Dr. Elena van der Meer (PhD)

Subject: Violation of European prison rules and standards CPT (Committee for the Prevention of Torture)

As a criminologist, I view this case not simply as medical negligence, but as a systemic violation of human rights, where an official deliberately shirks their responsibilities at critical moments.

Profile of the official: Kubalya T. V.

Head of Odessa Medical Unit No. 21. Her role in the case of Academician Maltsev is characterized by the creation of conditions that are classified in international law as “inhuman or degrading treatment.”

Tatyana Vasilyevna Kubalya—head of Odessa Medical Unit No. 21. Her role in the case of Academician Maltsev is characterized by the creation of conditions that are classified in international law as “inhuman or degrading treatment.”

• Tactical self-removal:

• When the disabled person in the first group was placed in solitary confinement for 10 days, Kubalya T.V. “went on vacation” for the same period.
• Refusal of specialized care: Under her leadership, the medical unit did not provide access to specialized specialists (pulmonologist, cardiologist, etc.) for more than a year, limiting itself to general blood tests.

Ignoring critical conditions: The medical unit under her leadership did not respond in any way to the patient’s progressive apnea since the summer of 2025.

AnaAnalysis of violations of European prison rules

The actions (and inaction) of Kubalya T. V. directly violate fundamental norms of international law:

• Violation of the principle of equivalence of medical care

According to Rule 40.1 of the European Prison Rules, medical care in prison must be equivalent to that provided in the community.

1. Medical Center No. 21 did not have the necessary specialists to treat Maltsev’s systemic diseases.
2. All medications were provided by relatives, not by the state institution.

• Illegal application of disciplinary measures to a sick person

Rule 43.2 (Nelson Mandela Rules) prohibits the imposition of disciplinary sanctions that may worsen the health of a prisoner.

1. The examination by “specialist” Masaleva before solitary confinement was a formality designed to legalize torture.
2. Placing a person in solitary confinement without the possibility of maintaining hygiene and taking medication was found by the court to be unlawful.

Medical destruction: Chronology of inaction

Key points where Kubalya T. V.’s inaction could have led to a fatal outcome:

• September 2024: Maltsev is placed in a detention center in a wheelchair, unable to care for himself. The medical unit does not create conditions for his detention.

• Summer 2025: Symptoms of progressive apnea appear. Complete lack of medical response from Emergency Medical Service No. 21.

• Incident in the cell: Maltsev falls and suffers a head injury due to lack of proper care and supervision.

• Delayed diagnosis: Only in November 2025, under enormous pressure, was Maltsev referred for consultation with specialists at the clinic.

Legal conclusion

The actions of the management of MCh No. 21, headed by Kubalya T. V., fall under the definition of torture by failure to provide assistance. Taking leave during the period of repression (placement in solitary confinement) is evidence of a conscious intention to avoid responsibility for knowingly illegal actions.

Summary for the international tribunal: “We are dealing with a doctor who uses his status not to save lives, but to cover up the crimes of the investigative authorities. This is a direct discrediting of the medical profession on a global level.”