E fundit!

12:22 TODAY

Part of Laert Haxhi's group, GJKKO makes decision on the repentant justice

The Criminal Court of Kosovo has sentenced Artan Tafanin, ...

The baby infected with HIV/ The Prosecutor's Office of Tirana is expected to start investigations

2023-05-01 19:45:47, Shëndeti CNA

The baby infected with HIV/ The Prosecutor's Office of Tirana is expected

In Albania, the Tirana prosecutor's office is expected to open investigations into the case of a child being infected with the HIV/AIDS virus since he was a baby. His parents have tested negative, and they blame the hospital structures where their son was born and then was hospitalized several times, until he was diagnosed with HIV before he was 5 months old. A criminal complaint against them was not taken into consideration by the prosecutor Saimir Hysa, who decided not to start the case. But then, both levels of the judiciary have considered his position wrong. A few days ago, the Court of Appeal announced the decision which compels the prosecution body to start investigations now.

In October 2021, two young parents from Tirana were happy when their first child, a boy, was born. After spending three days in the intensive care unit of the Queen Geraldine maternity hospital, the newborn went home. But after a few weeks, for him, a long ordeal of health problems would begin. In short periods of time, the baby would be hospitalized several times in the pediatric intensive care unit at the Mother Teresa Hospital Center, until at the beginning of March 2022, the HIV test was performed and it turned out positive.

The months that followed would be an uphill battle for the parents, amid the shock of their young son's illness, his state of health, and uncertainty over the source of the infection. They themselves were tested several times and came back negative, ruling out the track as the cause. The blood transmission track also dropped, since the child had not received a transfusion.

There will be many visits to the doors of health institutions. The Institute of Public Health completed an investigation into the case at the beginning of July. The report says that the investigation started in April, but does not specify any date or order issued for this purpose, as it does later, when it explains that on June 10, by order of the Director of the Institute, a working group was set up for a more detailed investigation. deepened. It includes, among other things, the testing of the personnel who served the child, where all of them are negative, or the research of the medical records of the child's hospitalizations. Thus, in the admission card from March 2 to 15, it is noted that the HIV test was positive and, as a result, treatment with antiretrovirals was started, but the diagnosis is reflected as "suspected case with HIV".

The report comes to the conclusion that the investigation did not show that there were any deficiencies in the observance of protocols or standard procedures of manipulations, injections, perfusions and drug therapy.

But in an interview for the Voice of America, the boy's father is suspicious of this investigation: " Where are the tests to prove to me that this type of investigation was carried out?" I received absolutely no reference document that these analyzes were performed. How can I believe it, when I don't have any supporting documents to prove to me that a quality work was done by the Institute of Public Health. In addition, it is said that an analysis was taken from the hospital bed where my son was admitted during the period November-December 2021. In January, that ward was closed, because it moved to the new building. Where was this analysis performed? "

Convinced that their son was infected in state hospital structures, on June 27 the parents filed a criminal complaint with the Tirana prosecutor's office, holding the Queen Geraldine maternity hospital and the pediatric hospital responsible for "neglect and misuse of duties", the ISHP for "procrastination" of information and failure to carry out the investigation in time", as well as the Ministry of Health for "serious violations and harm to the patient by the health personnel".

But at the Prosecutor's Office they will suffer another blow. In less than three weeks from their report, the prosecutor Saimir Hysa decides not to start the investigation, since according to him "the necessary evidence or indications to create reasonable suspicion" for the existence of a criminal offense are missing. What is surprising is the fact that the prosecutor writes that the parents claim that "the life of an unborn baby has been damaged", while then it is stated that "the fact that he was infected during his stay in the hospital or other public health facilities does not necessarily constitute a criminal offense".

After the appeal of the parents, the case ends in the Court of Tirana, which rejects the claims of the prosecution, determining the tasks that must be performed. Prosecutor Hysa does not withdraw but takes the case to Appeal with the claim that "the duties left by the Court would not bring anything new as regards the acts presented in the complaint, as our decision is not related to their existence or not, but to the interpretation legal that is done to them".

Meanwhile, according to the parents, the prosecutor's office did not even lift a finger. Even in their appeal, they state that the prosecutor did not receive any evidence as to whether the protocols were respected or not, and did not even call them to ask them.

The Court of Appeal also ruled against the prosecutor, stressing that "it cannot decide not to start criminal proceedings, with claims that do not have a sufficient legal basis". According to the Appeal, when the Court leaves certain duties, the prosecution body, to oppose them, "must claim the real impossibility of obtaining evidence and is not legitimate to claim the necessity or not of obtaining this evidence" . Appel even points out that, in this case, it is about "characteristic and classic" evidence, adding that "the prosecution body is obliged, in order to fully and impartially investigate the proceedings, to fulfill the duties left by the court, not limited to them".

The decision of the Appeal is final, and necessarily applicable to the prosecution. It has been taken since the beginning of the year, but it was revealed only a few days ago. The parents of the boy infected with HIV, who have moved to Italy to provide health care to their child, say that they are now waiting for " a complete and comprehensive investigation and clarification of the causes and how our son's infection happened, because it is our legitimate right, as taxpayers of this country, the moment we receive a hospital injury, we want to know the truth"

The boy's father says that he wants nothing more than justice: " They can't change our lives 360 degrees and nobody be held responsible. Our life has changed in 360 degrees. We have been forced to leave our homes, jobs, and family members alone because of a health problem caused by the system itself. That's why we ask for justice and only justice, so that tomorrow this does not happen again, because today it happened to us, tomorrow it can happen to anyone. If this is not stopped, it will continue for years and no one will be held responsible".

They have requested from the Prosecutor's Office of Tirana that the case no longer remains in the hands of prosecutor Hysa. Official sources from the Prosecutor's Office explained to the Voice of America that the decision of the Appeal has not reached them yet, and that the parents' request will also be examined when they have it in hand./ VOA