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14.9.2017

The Ombudsperson published the Report with Recommendations related to the right to life and positive obligations for efficient investigations

The Ombudsperson has delivered today to the Office of State Prosecutor as well as to the Ministry of Health, the Report with Recommendations related to the right to life and positive obligations for efficient investigations.

The Report addresses the fundamental right to life, guaranteed by the Constitution and the international instruments encompassed within the Constitution, and has been initiated after the complaint lodged against University Clinical Centre of Kosovo (UCCK), Ministry of Health (MH) and Basic Prosecution in Prishtinë, pertaining to allegations for irresponsible medical treatment, failure to accurately determine the cause of death upon forensic autopsy undertaken, as well as for inefficient investigations conducted, regarding his spouse’s case, whose health condition was deteriorated in the course of her treatment with blood transfusion and died on 24 of January 2016.


Based on legal analyses, on specific international standards, specifically on European Convention on Human Rights (ECHR) as well as European Court of Human Rights practice, the Ombudsperson finds that domestic legislation fully abides with the Constitution and international instruments on human rights.

Nevertheless, the factual situation, including present case, draws attention on violation of the right to life because of deeds of medical staff, denoting subjective or objective responsibility as well as ineffectiveness of investigation, conducted by the Prosecution, and which is the condition for full implementation of the right to life, based on ECtHR practice.

Through this Report, the Ombudsperson recommends to the Basic Prosecution in Prishtina, that in compliance with competencies and authorizations which derive from the law as well as in cooperation with all relevant agencies, to undertake all necessary measures for conducting prompt and effective investigations on complainant’s case by disclosing all circumstances and causes of the death of the spouse of the complainant. He further recommends evaluation of the responsibility by including subjective and objective responsibility that would facilitate the issue of party’s remuneration.

While, the Ministry of Health is recommended by the Ombudsperson that pursuant to the legal powers and authorizations, to institute a special commission for evaluating the situation, which after assessing the situation on the ground shall draft strict working rules protocol for cases of blood transfusion providing.

Report with Recommendations, in its full form, has been delivered to the responsible authorities and has been disseminated to media as well. It is also published on OI official web page in the following link: http://www.ombudspersonkosovo.org/repository/docs/A.nr.765-2016_Raport_me__rekomandime_385403.pdf


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