Communicated on 17 March 2020
Published on 6 April 2020
FIRST SECTION
Applications nos. 30415/18 and 59492/18
Nehru REDJEPOV and Djemile REDJEPOVA against North Macedonia
and Mizafer JUSINOVA against North Macedonia
lodged on 20 June 2018 and 7 December 2018 respectively
SUBJECT MATTER OF THE CASE
The applications concern the death of two young men of Roma origin (A. and E.) while serving prison sentences. The applicants are their parents (application no. 30415/18) and sister (application no. 59492/18).
The autopsy reports in both cases revealed the presence of very high doses of controlled (some also illegal) substances, namely, methadone and benzodiazepines (both applications), as well as cannabinoids, opiates and antidepressants (no. 59492/18). In both applications the applicants lodged criminal complaints against the prison and its director about inadequate supervision and medical care in the prison, which had resulted in the direct victims having acquired (or being administered with by the prison authorities) extremely high doses of the above substances.
The prosecution, at two instances, dismissed the criminal complaints. In application 30415/18 they established that A. had overdosed himself, and given that there were no signs of violence on his body, there had been no elements of a crime. In application 95492/18 they established that E. had overdosed himself by buying various pills from other inmates, including methadone that had been lawfully administered to drug addicts in the prison, who had then “smuggled it under their tongue” and sold it to him. In neither application did the domestic authorities examine the allegations of inadequate administration of medicaments and medical care provided to A. and E., or any responsibility of the prison authorities as to the distribution of any of the above substances.
QUESTIONS TO THE PARTIES
1. Has the right to life of the applicants’ relatives, as guaranteed by Article 2 of the Convention, been violated in the present cases, having regard to the State’s obligation to protect the life and health of people placed within its care (see Patsaki and Others v. Greece, no. 20444/14, § 88, 7 February 2019)?
2. Having regard to the procedural aspect of Article 2 of the Convention, have the investigating authorities examined the allegations of improper administration and distribution of controlled substances and inadequate medical care on the part of the prison authorities, in connection with the death of A. and E.?
APPENDIX
Application no 30415/18
No.
Applicant’s Name
Birth year
Nationality
Place of residence
1
Nehru REDJEPOV
1967
Macedonian/citizen of the Republic of North Macedonia
Skopje
2
Djemile REDJEPOVA
1970
Macedonian/citizen of the Republic of North Macedonia
Skopje
Application no 59492/18
No.
Applicant’s Name
Birth year
Nationality
Place of residence
1
Mizafer JUSINOVA
1981
Macedonian/citizen of the Republic of North Macedonia
Shtip
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