Published 24.09.2024. | Tena Mur
Another case of a doctor committing crimes against sexual freedoom in Croatia
We hereby inform you about another case of a doctor convicted of the criminal offense of rape in an attempt and performing lewd acts to the detriment of 11 patients who is working unhindered at his workplace during the court proceedings.
This is the case of a doctor specializing in general surgery, a specialist in vascular surgery who is an employee of the National Memorial Hospital "Dr. Juraj Njavro" Vukovar and a former lecturer at the Lavoslav Ružička University of Applied Sciences in Vukovar. In October 2023, he was sentenced by the Municipal Court in Osijek to a single prison sentence for committing criminal offenses under Chapter XVI of the Criminal Code – Crimes against sexual freedom to the detriment of the patient.
On September 14, 2024. The Centre for Peace, Nonviolence and Human Rights - Osijek turned to the National Memorial Hospital "Dr. Juraj Njavro" in Vukovar with a request to exercise the right of access to information. In the request, we asked for information on the steps and measures they have taken as an employer regarding the internal acts of their health institution, for the purpose of temporarily removing doctors from performing medical duties until the court proceedings are finalized. We also asked for information on whether disciplinary proceedings have been initiated against the said doctor or whether disciplinary proceedings have been conducted before the court of the Chamber.
On September 20, 2024, we received a response in which they informed us that they were not familiar with the case and that in the past ten years they had not received a single complaint about the work or conduct of the appointed doctor, nor did they have information that the competent Chamber acted towards the appointed doctor.
Given our inquiry and the importance of the severity of the crime, they informed us that they had contacted the Ministry of Justice of the Republic of Croatia and asked for proof of conviction for a criminal offense that would be incompatible with performing the duties of a surgical specialist. Also, they sent a request to the Municipal Court in Osijek for the delivery of the verdict on the basis of which we sent them the request.
In their response, they stated that upon receipt of the required documentation, NMH Vukovar, as an employer, will take all necessary legal actions to regulate the employment status of doctors.
Given the above, and since this is the second case where a doctor convicted of a criminal offense against sexual freedom: attempted rape and committing fornication continues to work, we have again turned to the Ministry of Health and asked for an urgent change in the legislation:
1. Request for amendment of the Medical Act (Official Gazette, 121/03, 117/08) in Title IX – Disciplinary liability of doctors:
by introducing a provision on the temporary revocation of the authorisation for independent work of a doctor against whom criminal proceedings are being conducted for a criminal offence under Chapter XVI of the Criminal Code – Criminal Offences against Sexual Freedom to the detriment of the patient, until the court decision becomes final. This amendment is necessary because it is a special law (lex specialis) that regulates the conditions for practicing the medical profession. Without permission to work independently, the doctor cannot continue with the practice
2. Request for Amendment of the Health Care Act (Official Gazette, 100/18, 125/19, 147/20, 119/22, 156/22, 33/23, 36/24)
We join the initiative of the Ombudswoman regarding the amendment of the Health Care Act, which is the basic law in this area, regulates the entire structure of health care and applies to all health care professionals. We propose amendments to Art. 156 of the Health Care Act by introducing a provision that the director of a health care institution shall remove from the workplace a health worker against whom criminal proceedings have been initiated or are being conducted for criminal offences under Chapter XVI Offences against sexual freedom, criminal offences under Title XVII Criminal offences against sexual abuse and exploitation of a child, criminal offences under Title IX Criminal offences against humanity and human dignity and criminal offences under Chapter XIX Criminal offences against human health, until the criminal proceedings become final or discontinued.
3. Temporary suspension of the doctor until the court verdict becomes final.
After the case from the Osijek hospital, we discover that institutions continue to protect abusers and discriminate against the rights of patients to safe use of services in health institutions. We wonder how many more such and similar cases there are in health institutions throughout the Republic of Croatia.
Centre for Peace, Nonviolence and Human Rights – Osijek
Instagram platform for education, activism, feminism and the fight against misogyny and sexism – Grof Darkula
