ECtHR to examine 2-year-and-3-month-old Lia Misakyan’s case10:22, April 28, 2017 | News, Own news | Right to an Effective Remedy of Legal Protection, Right to Life
HCA Vanadzor lawyer Arayik Zalyan, representative of the successor of 2-year-and-3-month-old Lia Misakyan who died at ‘Arabkir’ Medical Center on January 2, 2013, filed with the European Court of Human Rights a complaint on violation of Article 2 (Right to life) and Article 13 (Right to effective legal remedy) of the European Convention of Human Rights.
Note that on June 15, 2015 the General Jurisdiction Court of Arabkir and Kanaker-Zeytun administrative districts found L. Vardanyan and Z. Ayvazyan, doctors at ‘Arabkir’ Medical Center, guilty under Article 130(2) /failure to fulfill or properly fulfill professional duties by medical care and service personnel, which caused through negligence the patient’s death/ of the RA Criminal Code by sentencing them to imprisonment of 2 years and 2 years and 6 months, respectively, without any additional penalty and released them under amnesty.
Later, following the aggrieved party’s appeal to the RA Cassation Court, the Court reversed the lower court’s ruling on the part of additional penalty and sent the case to the first instance court for re-examination on that part.
The complaint sent to the ECtHR provided grounds on ineffective investigation by the state that had not led to identification and conviction of the perpetrators and adequate punishment.
In this context, the complaint highlights the fact that the state failed in its positive obligations to protect people’s life and health. According to the documents received from ‘Arabkir’ medical center, due to the holidays, the medical center provided weak surveillance and medical service of low quality which led to the patient’s death.
And the sentence imposed on the medical staff was quite formal; the state did not even terminate their powers to practice medicine.
The European Court of Human Rights confirmed receipt of the application and will examine the case as soon as possible.