Published on 2 6 July 2021

FIFTH SECTION

Application no. 4378/20 Sofija DJAFER against North Macedonia lodged on 15 January 2020 c ommunicated on 5 July 2021

SUBJECT MATTER OF THE CASE

The applicant is the mother of D.B., drug and opiate addict suffering from hepatitis C and other chronic diseases, who died in the Skopje prison (a day before his release) from, as indicated in the post mortem report, the lethal presence of several substances, such as methadone, benzodiazepines and antidepressants. She accused the prison and its director of abuse of office and recklessness in that they had failed to provide D.B. with adequate medical care and, accordingly, to protect his life. She argued that, inter alia , no adequate measures had been taken to prevent methadone abuse and illegal trade of substances inside the prison notwithstanding that the director, medical and other prison staff had been aware of the existence of such a practice. Two levels of prosecution dismissed the criminal complaint finding no evidence that any prison official had provided D.B with any of the said substances, but that D.B. had overdosed himself. Neither had there been any evidence that his death had resulted from poor medical care or inadequate therapy in the prison. The applicant complaints that the respondent State did not discharge its obligations under Article 2 of the Convention.

QUESTIONS TO THE PARTIES

1. Has D.B. ’ s right to life, as guaranteed by Article 2 of the Convention, been violated in the present case, 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 prosecuting authorities effectively investigated the applicant ’ s allegations in connection with D.B. ’ s death?