The Ombudsman conducted an inspection to accompany the Mayor of Tirana, Erion Veliaj, to the premises of a private clinic in Durrës on July 17.
In the report following the complaint made by Veliaj himself, the Ombudsman emphasizes that human dignity and privacy were not respected.
Veliaj himself emphasized that during the enema/colonoscopy, prison police officers were present in the same room as the examination. The doctor, in the explanations he gave to the Ombudsman, says that Veliaj expressed concern about the presence of police officers inside the room where the examination would be performed.
The report obtained by News 24 states, among other things, that the doctor asked the police officers to wait outside the room until the examination was completed, but they did not comply with the request, citing security regulations. “In this specific case, during the examinations and consultations, 1 police officer was present with the detainee,” the report states. The Ombudsman’s report emphasizes that medical examinations must be carried out with full respect for the person’s privacy. “The presence of security staff during the examination or consultations should be allowed only when two conditions are met: The doctor expressly requests it for reasons of his safety; – The multidisciplinary staff of the Penitentiary Institution has assessed the risk posed by the prisoner,” it further states.
At the end of the report, the Ombudsman institution recommends amending the Order of the General Director of Prisons No. 651, dated 21.01.2019 "On the approval of the procedure for transporting and escorting prisoners", with the aim of taking security measures by the General Directorate of Prisons, in the case when prisoners undergo medical examinations/consultations outside the prison premises.
The Ombudsman requests that the risk assessment be carried out depending on the form completed by the Penitentiary Institutions, meeting national and international standards for respect for human dignity, the right to private life, as well as the principle of medical confidentiality.
