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The Prosecution's mistake in the response to Brian Spahiu's parents: The victim has the right to ask about the investigation!

2024-09-24 14:59:27Aktualitet SHKRUAR NGA REDAKSIA VOX
The Prosecution's mistake in the response to Brian Spahiu's parents:
Roland Xhaxho/ Brian Spahiu/ Ina Xhaxho

About a year, since 3-year-old Brian Spahiu died after a dental surgery in a private clinic in Tirana, no one has been arrested yet.

The parents of the minor have asked the Tirana Prosecutor's Office for details about the stage of the investigation, the cause of the child's death and the persons responsible, but they were faced with a letter, the answer to which they did not expect.

In the response of the Prosecutor's Office provided by Balkanweb, it is stated that "only the victim of the criminal offense has the right to receive information about the process". Meanwhile, the 3-year-old has passed away.

"These are rights according to the legal provisions of this code, specifically article 58, point d) only the victim of the criminal offense has and always without violating the principle of investigative secrecy. While the right to request information regarding the reasons for the performance or not of an investigative action by the prosecutor, as you have addressed with some "rhetorical" questions in your request, not even the victim of the criminal offense has the right, as these types of questions violate independence of the prosecutor and his competences in the exercise of criminal prosecution", it is stated in the response of the Prosecutor's Office addressed to the family members of 3-year-old Brian Spahiu.

Brian Spahiu passed away on September 28. The little one was taken to the clinic and underwent surgery for six hours.

The Prosecution's mistake in the response to Brian Spahiu's parents:

According to the testimonies, the anesthesiologist Roland Xhaxho had assured the family members that the procedure was a success and the child was handed over to the family members to take him home around 19:00, according to them, in an unconscious state.

Immediately after being sent to the apartment, the boy's temperature also increased, which alerted the parents who then sent him to the Pediatrics of QSUT, where Brian was intubated because, according to the doctors, his liver had stopped working.

He remained in therapy, which did not yield results, and on October 1, the little one lost his life.

The child's parents have called the police, but so far, no one has been arrested.


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