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The infection of the 1-year-old with HIV/ The appeal gives the right to the parents: It is illegal not to start the investigation

2023-04-25 20:35:15Aktualitet SHKRUAR NGA REDAKSIA VOX

The infection of the 1-year-old with HIV/ The appeal gives the right to the

The Court of Appeal in Tirana has given the right to the parents of the child infected with HIV, asking the Prosecutor's Office to thoroughly investigate the case and their claims. With this decision, that of the prosecutor Saimir Hysi, who decided not to start the investigation on the grounds that there was no legal violation, was overturned.

"Balkanweb" reports that in the divulged decision, it is stated that the case was not fully examined and analyzed, the testimonies of the accused persons were not received, and also, not even an opinion of the medical-legal expert. The appeal pointed out that a prosecutor, in this case Hysi, cannot not start the investigation based on subjective data, but only referring to facts, law and evidence. According to the Court, the cases of not starting the investigation are in easy circumstances, when the conclusions do not require time, but in the case in question, where the health of a child was compromised, an investigation should definitely be undertaken.


The law provides that if the infection of the 1-year-old with HIV is confirmed to have come as a result of medical negligence, it is punished from 3 to 7 years of imprisonment. Criminal proceedings, the Court of Appeal emphasizes, occur in cases where the person is dead, is irresponsible or has not reached the age for criminal proceedings, the criminal offense has been extinguished, etc., but in other cases all legal provisions must be followed.

The Court of Appeal upholds the decision of the First Instance, which requires the initiation of the investigation and rejects the claims of prosecutor Hysi. They also point out that the deliberate non-initiation of the investigation, by a Prosecutor, constitutes a criminal offense and can be punished up to 7 years in prison.

Contacted by News 24, the parents of the little boy demand an in-depth investigation and the replacement of Mr. Hysi with another prosecutor, as they do not believe in the investigations that can be carried out by him and which, according to them, aim to drag the case further.


Në përputhje me standarded JTI

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