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Advocate Arayik Zalyan, lawyer at Helsinki Citizens’ Assembly-Vanadzor, protects the interests of victim’s successor Liana Darbinyan, under the criminal case initiated on the death of a newborn on March 12, 2016 in Mother and Child Austrian Hospital in Gyumri.

On the night of March 11, 2016, Liana Darbinyan delivered a male baby by caesarean section at Gyumri maternity hospital. On the following day, the newborn’s state deteriorated rapidly, and the maternity hospital staff immediately called his father and informed him that the baby had to be transferred urgently to the Mother and Child Austrian Hospital to switch him to the respirator. It appeared impossible to coordinate the transportation of the baby in due time and shortly after being transferred to the hospital, the baby died.

The parents of the dead newborn insist that his death was caused by inadequate medical aid.

Criminal proceedings were initiated under Article 130(2) of the RA Criminal Code (Failure to fulfill or improper fulfillment of professional duties by medical and support personnel which caused through negligence the patient’s death); however, no relevant forensic expert examination has been assigned under the proceedings so far that would make it possible to identify the root cause underlying the death of the baby. Instead, a DNA test was undertaken to determine whether Liana Darbinyan was the mother of the dead newborn or not. Obviously, the test above actually has nothing to do with the initiated criminal proceedings and therefore, cannot provide answers to questions related to the death of the newborn.

On July 1, 2016, A. Zalyan, representative of the victim’s successor, filed a motion on undertaking a forensic expert examination by posing questions on the administered medical aid and its relation to the death of the newborn.