Serbia
30.06.03
Urgent Interventions
'Serbia and Montenegro: Sexual abuse of child and impunity
Case YUG 300603.CC
CHILD CONCERN
Sexual abuse/Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Serbia and Montenegro.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Humanitarian Law Centre (HLC) that a 10 year old Roma child, victim of sexual abuse, was deprived of legal representation so that prosecution against the perpetrators of the abuse was abandoned.
The power of attorney that had been given to a lawyer of HLC, Veroljub Djukiæ, to represent the ten-year-old Roma child, A.J, victim of sexual abuse, has been revoked by the Center for Social Work in Veliko Gradište, which has effectively abandoned prosecution of the perpetrators. In its official explanation, signed by guardian Vera Mišèeviæ, the Center for Social Work states that A.J. is a “an unstable child”, and that “any further involvement of him in these proceedings would aggravate his existing condition”. Due to the Center for Social Work’s decision to revoke the HLC lawyer’s power of attorney, the District Court in Požarevac has rejected his request for the investigation of a further three young men who took part in abusing A.J, along with Vladimir Petraškoviæ (26) and Miodrag Radoviæ (33). The decision of the Center for Social Work in Veliko Gradište is only one in a series of “irresponsible” actions made by the competent authorities, who have done nothing to protect young A.J. and punish the offenders.
In the middle of November 2002, several persons sexually abused the boy at various locations in town, but the investigation of Petraškoviæ and Radoviæ began only two months later, despite the fact that all the town’s residents knew about what had happened. The public prosecutor’s office and the police in Veliko Gradište did not act according to their authority within the shortest possible time, so that the suspects were able to flee the country in the meantime.
The district public prosecutor’s office in Požarevac showed a complete lack of interest throughout the entire procedure, and dropped the investigation of Petraškoviæ and Radoviæ in March 2003 “due to lack of evidence”. For this reason, the HLC, as the underage victim’s representative, sent a request for additional investigation to the District Court in Požarevac, proposing that new witnesses be questioned. The District Court in Požarevac, however, imposed groundless procedural requirements on the HLC, in contradiction to the Law on Criminal Procedure. Thus, on several occasions lawyer Veroljub Djukiæ had to submit official confirmation to the court that he possessed a valid power of attorney to represent A.J, even though this was completely obvious.
While the International Secretariat of the OMCT shares the concern for the protection and best interest of the child, which implies that child-sensitive procedures should be used in this process, it is also greatly preoccupied by the impunity enjoyed by the alleged perpetrators and calls for an investigation to be launched on the basis of which any person found to be responsible for these acts be brought to justice.
The International Secretariat of the OMCT would like to remind that, as a signatory of the UN Convention on the Rights of Children (CRC), Serbia and Montenegro is obliged to “protect the child from all forms of sexual exploitation and sexual abuse” CRC Art.34 and to “take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment(...).” CRC Art.39.
In addition, OMCT would like to recall that further to one of its two general days of discussion on “Violence against Children” (2000, 2001), the Committee on the Rights of the Child recommended that “urgent attention be given to establishing effective systems to monitor the treatment of children and to report and investigate cases of suspected ill-treatment, and that such systems should : Ensure that the perpetrators of violence are appropriately held accountable, including, when warranted, suspension or dismissal and the bringing of criminal charges” (Report of the CRC day of general discussion 2001, Para. 733 j).
Finally, OMCT would like to remind the authorities of Serbia and Montenegro of the non-discrimination principle of the CRC enshrined in its article 2, and notably par.1 stating that : “States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
Action Requested
Please write to the authorities of Serbia and Montenegro urging them to:
§ guarantee an immediate investigation into the alleged ill-treatment of the afore-mentioned child, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
§ establish as a matter of urgency child-sensitive procedures to be used in any investigation on reported cases of abuse, ill-treatment, inhuman or degrading of children;
§ guarantee adequate reparation to the victims and also physical and psychological recovery;
§ ensure that the rights set forth in the Convention on the Rights of the Child be applied without any discrimination against Roma children;
§ guarantee all human rights and fundamental freedoms in accordance with international human rights standards, particularly the Convention on the Rights of the Child;
Addresses
His Excellency, Mr. Svetozar Marovic., President of Serbia and Montenegro, Bulevar Lenjina 2, Novi Beograd, Serbia and Montenegro; fax: +381 11 3111668
His Excellency, Mr. Zoran Zivkovic, Prime Minister of Serbia and Montenegro, Bulevar Mihaila Pupina 2, Novi Beograd, Serbia and Montenegro. Fax: +381 11 604446 / +381 11 637185
His Excellency, Mr. Vladan Batic, Minister of Justice, The Ministry of Justice of Serbia and Montenegro, Nemanjina 22-24, fax: +381 11 3616419 / +381 11 3616535, E-mail: kabinet@mpravde.sr.gov.yu
His Excellency, Mr. Goran Svilanovic, Minister of Foreign Affairs of Serbia and Montenegro, Kneza Milosa 3, Novi Beograd, Serbia and Montenegro, Fax : (+ 381) 11 3618052 / (+ 381) 11 3618010, E-mail: goran.svilanovic@smip.sv.gov.yu
The Ministry of Interior Republic of Serbia, Minister Dusan Mihajlovic, Kneza Milosa 101, fax: (+381) 11 3617585 / (+381) 11 3617814, E-mail: muprs@mup.sr.gov.yu
Please also write to the embassies of Serbia and Montenegro in your respective country.
Geneva, June 30th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
CHILD CONCERN
Sexual abuse/Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Serbia and Montenegro.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Humanitarian Law Centre (HLC) that a 10 year old Roma child, victim of sexual abuse, was deprived of legal representation so that prosecution against the perpetrators of the abuse was abandoned.
The power of attorney that had been given to a lawyer of HLC, Veroljub Djukiæ, to represent the ten-year-old Roma child, A.J, victim of sexual abuse, has been revoked by the Center for Social Work in Veliko Gradište, which has effectively abandoned prosecution of the perpetrators. In its official explanation, signed by guardian Vera Mišèeviæ, the Center for Social Work states that A.J. is a “an unstable child”, and that “any further involvement of him in these proceedings would aggravate his existing condition”. Due to the Center for Social Work’s decision to revoke the HLC lawyer’s power of attorney, the District Court in Požarevac has rejected his request for the investigation of a further three young men who took part in abusing A.J, along with Vladimir Petraškoviæ (26) and Miodrag Radoviæ (33). The decision of the Center for Social Work in Veliko Gradište is only one in a series of “irresponsible” actions made by the competent authorities, who have done nothing to protect young A.J. and punish the offenders.
In the middle of November 2002, several persons sexually abused the boy at various locations in town, but the investigation of Petraškoviæ and Radoviæ began only two months later, despite the fact that all the town’s residents knew about what had happened. The public prosecutor’s office and the police in Veliko Gradište did not act according to their authority within the shortest possible time, so that the suspects were able to flee the country in the meantime.
The district public prosecutor’s office in Požarevac showed a complete lack of interest throughout the entire procedure, and dropped the investigation of Petraškoviæ and Radoviæ in March 2003 “due to lack of evidence”. For this reason, the HLC, as the underage victim’s representative, sent a request for additional investigation to the District Court in Požarevac, proposing that new witnesses be questioned. The District Court in Požarevac, however, imposed groundless procedural requirements on the HLC, in contradiction to the Law on Criminal Procedure. Thus, on several occasions lawyer Veroljub Djukiæ had to submit official confirmation to the court that he possessed a valid power of attorney to represent A.J, even though this was completely obvious.
While the International Secretariat of the OMCT shares the concern for the protection and best interest of the child, which implies that child-sensitive procedures should be used in this process, it is also greatly preoccupied by the impunity enjoyed by the alleged perpetrators and calls for an investigation to be launched on the basis of which any person found to be responsible for these acts be brought to justice.
The International Secretariat of the OMCT would like to remind that, as a signatory of the UN Convention on the Rights of Children (CRC), Serbia and Montenegro is obliged to “protect the child from all forms of sexual exploitation and sexual abuse” CRC Art.34 and to “take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment(...).” CRC Art.39.
In addition, OMCT would like to recall that further to one of its two general days of discussion on “Violence against Children” (2000, 2001), the Committee on the Rights of the Child recommended that “urgent attention be given to establishing effective systems to monitor the treatment of children and to report and investigate cases of suspected ill-treatment, and that such systems should : Ensure that the perpetrators of violence are appropriately held accountable, including, when warranted, suspension or dismissal and the bringing of criminal charges” (Report of the CRC day of general discussion 2001, Para. 733 j).
Finally, OMCT would like to remind the authorities of Serbia and Montenegro of the non-discrimination principle of the CRC enshrined in its article 2, and notably par.1 stating that : “States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
Action Requested
Please write to the authorities of Serbia and Montenegro urging them to:
§ guarantee an immediate investigation into the alleged ill-treatment of the afore-mentioned child, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
§ establish as a matter of urgency child-sensitive procedures to be used in any investigation on reported cases of abuse, ill-treatment, inhuman or degrading of children;
§ guarantee adequate reparation to the victims and also physical and psychological recovery;
§ ensure that the rights set forth in the Convention on the Rights of the Child be applied without any discrimination against Roma children;
§ guarantee all human rights and fundamental freedoms in accordance with international human rights standards, particularly the Convention on the Rights of the Child;
Addresses
His Excellency, Mr. Svetozar Marovic., President of Serbia and Montenegro, Bulevar Lenjina 2, Novi Beograd, Serbia and Montenegro; fax: +381 11 3111668
His Excellency, Mr. Zoran Zivkovic, Prime Minister of Serbia and Montenegro, Bulevar Mihaila Pupina 2, Novi Beograd, Serbia and Montenegro. Fax: +381 11 604446 / +381 11 637185
His Excellency, Mr. Vladan Batic, Minister of Justice, The Ministry of Justice of Serbia and Montenegro, Nemanjina 22-24, fax: +381 11 3616419 / +381 11 3616535, E-mail: kabinet@mpravde.sr.gov.yu
His Excellency, Mr. Goran Svilanovic, Minister of Foreign Affairs of Serbia and Montenegro, Kneza Milosa 3, Novi Beograd, Serbia and Montenegro, Fax : (+ 381) 11 3618052 / (+ 381) 11 3618010, E-mail: goran.svilanovic@smip.sv.gov.yu
The Ministry of Interior Republic of Serbia, Minister Dusan Mihajlovic, Kneza Milosa 101, fax: (+381) 11 3617585 / (+381) 11 3617814, E-mail: muprs@mup.sr.gov.yu
Please also write to the embassies of Serbia and Montenegro in your respective country.
Geneva, June 30th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.