RA Prosecutor General’s Office sees no intent in disclosure by N. Davidyan information on the self-burnt man constituting medical secret
11:19, November 19, 2016 | News, Own news
No criminal proceedings were initiated based on the crime report by HCA Vanadzor on the stigmatizing qualifications by Norayr Davidyan, Director of the Republican Scientific Center for Radiation Medicine and Burns, about Kajik Grigoryan who burnt himself on July 30, 2016 on Baghramyan Avenue.
We reported this in reference with disclosure by N. Davidyan data on Kajik Grigoryan’s diseases in violation of Article 145 (Disclosing medical secret) of the RA Criminal Code and RA Law on Medical Care and Services to the Population. In his interview to journalists, the doctor noted that the person who burnt himself was HIV-positive and had drug dependence by describing him as “avid drug addict” and disclosing information on his imprisonment of 10 years.
The Investigative Committee explained that the doctor disclosed K. Grigoryan’s HIV-positive status to prevent the risk that the people who communicated with him on the day of the incident might contract the virus, and by its decree of September 29, 2016 the Committee saw no element of crime in the doctor’s action.
However, the presence or absence of any elements of crime might be examined only under criminal proceedings.
Also, the investigative body makes no comment on “avid drug addict” phrase expressed by N. Davidyan in the same context, whereas according to Article 3 of the RA Law on Narcotic Drugs and Psychotropic Substances, drug addiction is considered a disease as well.
Besides, the investigative body did not examine whether disclosing the information on K. Grigoryan constituting medical secret was proportional to the prevention of the potential risk that some people might have contacted the virus from him, whether there were no other options to inform the people who communicated with him of the risk or whether it was impossible to inform people by the mass media of the potential risk without disclosing K. Grigoryan’s personal data.
V. Poghosyan, Senior Prosecutor at the Department for High-Profile Cases, RA Prosecutor General’s Office, did not consider well-grounded the said circumstances in the appeal of HCA Vanadzor against the decree on not initiating criminal proceedings and noted that the preliminary investigation substantiated the absence of any elements of crime in Norayr Davidyan’s action as disclosure by the latter of the information considered medical secret was not intentional. By its decree of October 24, 2016, V. Poghosyan upheld the investigative body’s decree of September 29, 2016.
HCA Vanadzor will appeal the decree before court of law.