Municipality of Tirana and two state maternities do not provide information. Over the last year in the capital are officially registered about 2,100 abortions, more than 500 of which are performed after the 12th week of pregnancy. Most of abortions are done due to gender and to private clinics
By Endrit Habilaj
Within the last year in Tirana are officially registered about 2,100 abortions. But this figure may be even higher due to undisclosed number of abortions performed in private clinics that keep secret these data. According to official statistics, more than 500 abortions were performed on the 12th week of pregnancy, when the embryo has returned to fetus.
Association of Journalists for Justice focused on an investigation related to the prohibited abortions that are performed after the third month of pregnancy. Besides performing this legally prohibited act, another concern is raised to what happens to the fetus after abortion. In our country, according to the law “On termination of pregnancy”, abortion after 12 weeks is prohibited and in specific cases abortion after this deadline can be performed only through the consent of 3 different doctors. “Termination of pregnancy for medical reasons can be done until the 22nd week of pregnancy if a committee of three doctors after examination and consultation consider that continuation of pregnancy and / or childbirth endangers the life or health of the woman “, is stated in Article 9 of law.
Practically the abortion law reduces significantly the number of women who have abortions, but there is also an unresolved cramp for years, that of private clinics. Many women have abortions in secret after the third month of pregnancy thus avoiding the official proceedings, prosecution, but also the obligation to bury aborted fetus. In January 2013, a 6-month-old fetus, turned completely to a baby was found in a garbage bin in Laprakë area. Passersby experienced a horror scene witnessing the cat pulling the dragged fetus that now had become her meal. Within a few days the mother, the doctor and the private clinic where this offense was committed were identified.
But although a campaign started to close down the service for abortion in private clinics, nothing has changed until today. In all private clinics in Tirana either in the licensed but also in the unlicensed ones, abortion is performed without any control by health authorities. Besides abortion, another disturbing fact is that of what is done with the fetus. This is because abortion is performed contrary to the law and to bury the fetus which is a legal obligation, a burial permit is needed to be issued from the commune or municipality where he lives to. This permission is not granted if the woman who has committed the crime of abortion does not have all the required health documents proving legitimate causes of abortion.
A few months after the severe event in Laprakë area, investigim.al brings another similar case of an abortion in the 6th month of pregnancy. It is a citizen with initials A.D., living in Tirana, which thanks to her acquaintance to a doctor who works in a public maternity hospital with the initials Z.D., managed to perform abortion in week 22 of pregnancy. The shocking fact of this episode that happened around August of 2013 is that the cause of abortion is selective because of gender. The doctor has committed a criminal offense by accepting justification of women seeking abortion after she was willing to give birth to a girl and not to another boy. This constitutes a criminal offense and therefore is punishable for both the doctor and the woman who had an abortion at the time that she became aware of the sex of the baby.
Illegal abortions will continue to be performed with the same velocity as long as there are not recognized any cases where doctors or women who take the decision to terminate the pregnancy after the 3rd month are not punished for this act that is qualified as a criminal offense and sentenced to prison. The defense lawyer, Eduard Mullaraj, explains for investigim.al what the Criminal Code specifically predicts for abortion after the 12th week of pregnancy. “Our Criminal Code provides criminal penalties for persons who commit or assist in the illegal termination of pregnancy including medical personnel, Articles 93-97 of the Criminal Code. The fetus has the same rights as a human being who lives for as long as he is detached from the uterus of a pregnant woman. The doctor who aborts a fetus is punished with a fine or imprisonment up to 1 year. When the doctor gives the wrong medications he is sentenced to 5 years of imprisonment. A mother who aborts without reasonable conditions is punished as a human crime with imprisonment up to 5 years”, said the lawyer.
Gynecologist doctors consider abortion after the 3rd month prohibited, as it causes not only an infant murder, but serious complication for women who undertake this action. “The age for abortion is permissible up to 3 months i.e. until the period it is called embryo. If 3 months pass than it is called a fetus and its abortion is not permitted otherwise it is considered for criminal prosecution. Naturally, in cases when a patient comes to us in serious health condition, the fetus will be aborted despite its age, “says Olgert Alla, a gynecologist at the Hospital of Elbasan.
According to the World Health Organization, if the baby is detached from the woman after the 22nd week it is not called abortion but a premature birth. In other words the baby in this period can also live in an incubator if aborted by the mother. So, practically, if a woman has an abortion in this age it means that she has committed an assassination of a human being. The offense continues even further if baby is not treated with funeral rituals like all people, but is disappeared either from the mother or doctor to avoid imprisonment. The question that arises is what should happen to the fetus aborted illegally as was the case of the citizen with initials A.D.. Should it be buried?
The Law “On public service funeral” clearly expresses obligations about bury of the fetus in cases of abortion. Gynecologist doctors themselves are not clear when the burial of fetus should be performed. According to them, this process should be done after the fetus has reached the weight of 500 grams, which includes cases of child abortion after the 20th week of pregnancy. “In such cases we see the weight of the fetus, if it weighs less than 500 grams it is burned in the crematorium. But if the fetus is at a more advanced stage, meaning that it weighs over 500 grams, the fetus is buried. If the family does not take responsibility for the burial of the fetus than this process is undertaken by the municipality,” says gynecologist Olgert Alla.
But how can a fetus be burned when in the 12th week of pregnancy begins the heartbeat of the baby? This is a wrong method which violates basic principles of life, because the fetus cannot be treated as an organic residue. Article 4 of the American Convention states that: “In general human life must be protected from the very moment a woman gets pregnant.” In cases where abortion on week 12 is lawful as it is performed for health reasons, doctors have a legal obligation to notify one of the parent for the fetus burial process. The situation gets more serious when hundreds of women in Tirana abort in illegal ways in unlicensed private clinics and do not show any interest of what happens to the fetus. Municipality of Tirana and two state maternities in the capital have refused to provide information about the treatment of fetus after abortions. The Association of Journalists for Justice based on the right for information, has sent an official letter to inform the Municipality of Tirana and two state maternities. In the letter it is required information from the maternity “Koço Glozheni” and “Queen Geraldine” on the number of abortions after the 12th week and their causes for 2013 and 2014. But both of these health institutions have not yet replied. Furthermore, the Association of Journalists for Justice requested information from the Funeral Services Company, which is under the dependence of the Municipality of Tirana, on the number of permits granted for burial of fetuses in 2013 and 2014. But this institution has so far silenced darkening even more the situation of what happens to fetuses after their illegal abortions.
Si ka mundsi qe ndodhi edhe kto gjona kaq te renda, kush i kontrollon keto klinikat qe po marrin nqaf njerzit. jane bere spitalet si servise makinash, ku njerezit trajtohen si hekurishte.
Artikulli ngre disa pika te mira, por ka nevoje per disa saktesime.
Se pari, zemra fillon te rrahe brenda javes se 3-te deri ne javen e 4-t te formimit te fetusit, JO ne javen e 12-te.
Se dyti, faza embrionale perfundon me mbjelljen e embrionit ne uterus qe ne javen e 2-te te zhvillimit tij.
Se treti, fetusi ne javen e 12-te eshte nje njeri i formuar teresisht. Prej ketij casti e deri ne lindje, foshnja e palindur zhvillohet vetem ne mase dhe funksione, pasi te gjitha organet i ka te krijuara… madje edhe shenjat e gishtave.
Ju lutem, shikoni disa video online qe e japin zhvillimin e fetusit deri ne javen e 12-te dhe do te keni me shume informacione rreth krijimit te njeriut. Ne ose jemi njerez qe nga casti i ngjizjes ose nuk jemi. Gruaja ose eshte shtatzene me nje njeri te gjalle ne bark, pavaresisht javes se zhvillimit, ose nuk eshte shtatzene. Pastaj, a duhet abortuar apo jo, apo se deri kur, keto jane te gjitha vetem ceshtje rehatie ose parehatie te dikujt me gjendjen e krijuar. Te gjithe ne kemi qene dikur embrione e fetus, e po te na kishin hequr ne diten e pare apo ne javen e pare apo ne javen e 12, nuk do te ishim ketu sot duke shkruar per kete gje.
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