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> Greece

Statute of limitations on manslaughter charge because the decision is not published

A 34-year-old woman died after giving birth from bleeding, but the acquittal of the obstetrician is not published and her relatives cannot appeal, risking a statute of limitations and a disciplinary action was filed against a judge

Newsroom November 11 08:45

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At the age of 34, she entered a private well-known large, and very well-equipped maternity hospital to deliver the baby boy she was carrying, but she never got to see him, as she breathed her last from incessant bleeding as soon as she heard the first cry of the baby, now a 6-year-old elementary school student.

The 34-year-old’s relatives are pleading with judges at all levels of the judiciary to publish the decision that acquitted the gynecologist as responsible for the death of the mother of her 6-year-old child today so that they can appeal the acquittal. However, they are getting no response anywhere, and as a result, they risk the statute of limitations for the offense.

It was January 10, 2018, when the 34-year-old woman immediately after giving birth developed uncontrollable bleeding for three-quarters of an hour, without medical assistance, without any surgery or other medically acceptable treatment for her bleeding. Fifty minutes later, the first cardiac arrest occurred

The case was taken to court by family members of the 34-year-old woman. In the second ten days of July 2023 by the Second Trial Court of Athens, the gynecologist and shareholder of the maternity hospital was acquitted of the misdemeanor charge of manslaughter by negligence of Sofia Zeiboglou-Zemeraki.

Even though 6 years and 9 months have already passed since the commission of the act and 15 months since the publication of the acquittal decision of the 2nd Trial Court of Athens, the relatives of the unfortunate 34-year-old woman have not yet received the court decision.

The mother of the unfortunate woman, Varvara Zeiboglou-Zemeraki, on December 6, 2023, filed a request to the president of the Trial Council of the Athens Court of First Instance, in order to immediately complete the legalization of the decision and its adoption, but despite this there has been no response.

It was another fruitless step taken by the hapless mother and grandmother. On March 13, 2024, she submitted a request to the President of the Supreme Court Ioanna Klapa, in which she asked for the obvious and required of every officer of justice, that the decision of the Athens Trial Court, in which the gynecologist was acquitted for the death of her daughter, be published at last.

In spite of this, the decision to date, has not been finalized and of course has not been considered.

Thus, she filed a petition with the Disciplinary Council of the Supreme Court, in which, among other things, she states:

“Because, despite my two written requests-pleas, and the verbal notification, by my counsel, of my desire to file a request for an appeal, both to the Registrar of the Court and to him, the presiding judge has delayed in bringing the minutes of the hearing no. …./12-7-2023 decision, even though written submissions were filed both on the side of the prosecution support and the side of the defense and therefore the arguments on both sides are known.”

The 34-year-old’s mother continued:

“I am entitled to legal protection, at all levels to which I have the relevant statutory right, but as a matter of course, it must be possible to have a first instance retrial of the case, and, until irrevocable, adjudication of the case within 8 years, if an appeal is lodged against the judgment of acquittal, which, because of the delay in finalization, is rendered mildly impossible, thereby establishing my right to appeal to the European Court of Justice for delay in the administration of justice leading to a denial of justice“.

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At the same time, leaving spikes as to the judgment of Justice, Mrs. Zeyboglu-Zemeraki, stresses that the gynecologist “did not take any surgical measures to treat my child’s uterus, which was bleeding 3/4 of the time, so I should have been given the actual possibility to apply for an appeal against this decision” (ed: acquitting the gynecologist).

And concludes the 34-year-old’s mother in her disciplinary petition:

“For these reasons, I ask you to do what is legal to immediately achieve the legalization of the decision, and to control disciplinary, the president of the Athens District Court…”

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