24 minutes ago11-year-old rape case by five people, Ombudsman finds violations by state institutions
Periskopi(3 years ago)
(3 years ago)The case of 11-year-old rape by five suspects shocked public opinion last year. The ombudsman institution in April this year has come up with a report on the case, where all legal errors and violations committed by responsible institutions are recorded. Based on the Constitution of the Republic [...]
On the basis of the Constitution of the Republic of Kosovo, the Ombudsman has the right to propose measures, if he notes violations of human rights on the part of public administration bodies and other state bodies.
On August 31st 2022, the Ombudsman opened an ex-officio case in connection with the 11-year-old rape case of 5 suspects. The results of this analysis highlight a series of violations committed by state authorities.
Although the case for juvenile rape was initiated on August 28th 2022, according to investigations conducted by Kosovo Police, on June 21st the child was reported missing, police had already begun investigating the identification of elements of the human trafficking criminal work, respectively.
Since the initial assessment of the danger was high, on June 22nd the minor was sheltered under police escort. However, according to the Center for Social Work, the girl's parents had firmly demanded that the child leave the shelter because it was not appropriate for the daughter's age, according to them.
Despite that, during the meeting between the police, QPS and psychologist held on July 21st 2022, police had announced that the risk for the girl was the same, so it had shown that the risk assessment was high. However, at the request of her parents and her child, she had returned home on this very day.
The ombudsperson's institution has come to the conclusion that even though state authorities were informed of the child's high risk of coming home, they had decided that the child would return home, giving priority to the wishes of parents and children 11 years of age, despite high risk.
“This confirms that the authorities involved in the case -- the prosecution, the police, the Shelter and the QPS -- were aware of the existence of a real and immediate danger of child abuse, identified as a victim by the criminal actions of a third party”, says the IAP report.
Although the case for juvenile rape was initiated on August 28th 2022, according to investigations conducted by Kosovo Police, on June 21st the child was reported missing, police had already begun investigating the identification of elements of the human trafficking criminal work, respectively.
Since the initial assessment of the danger was high, on June 22nd the minor was sheltered under police escort. However, according to the Center for Social Work, the girl's parents had firmly demanded that the child leave the shelter because it was not appropriate for the daughter's age, according to them.
Despite that, during the meeting between the police, QPS and psychologist held on July 21st 2022, police had announced that the risk for the girl was the same, so it had shown that the risk assessment was high. However, at the request of her parents and her child, she had returned home on this very day.
The ombudsperson's institution has come to the conclusion that even though state authorities were informed of the child's high risk of coming home, they had decided that the child would return home, giving priority to the wishes of parents and children 11 years of age, despite high risk.
“This confirms that the authorities involved in the case -- the prosecution, the police, the Shelter and the QPS -- were aware of the existence of a real and immediate danger of child abuse, identified as a victim by the criminal actions of a third party”, says the IAP report.
Even the Kosovo police, who had been aware of several names of persons as suspected of committing the criminal offence, had not taken appropriate action.
During the case investigation, failure to implement legal permits for residence and residence has been noted, a law regulating notice and notification of the guest and tasked with maintaining evidence from tourist and hotel facilities, including motels.
The motel's <x0).
But when the prosecution issued a warrant for the alleged target of the motel, allowing the withdrawal of videos and visitors' evidence, it was not possible. That was after the motel in question was just the data from the signposts, not even the visitors. This inaction, in addition to legal violations, had negatively affected the investigation process.
Under the ombudsman's recommendations, it has been found that there have been violations of child rights and fundamental freedoms and has been misappreciated and with grave consequences for the child's prioritizing the child's consent and parents to release the child from the Shelter. It was also noted that, despite legal opportunities, no additional safeguards had been taken for the child after launching the Shelter.
Also argued was violations of the principle of quick - to - do action, which has prevented the child's quick defense action from taking place, since even the investigative agencies that knew about some suspected victims had taken no action. As for offering psychological services to the child, the ombudsman has concluded that this service had been delayed.
The recommendations from this IAP report on Kosovo Prosecutorial Council, the Kosovo Police, the Ministry of Internal Affairs, the Ministry of Finance, Labour and Transfers, the Kosovo Agency for Forenzic, the Institute of Legal Medicine, the Pristina Commission, and the Centre for Social Affairs in Pristina.
