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| An old question like humanity |
The phenomenon is much older than the conventions of Luxembourg
and the Hague helt in 1980
Switzerland ratified these conventions in 1983, mentioning our
association like source of information in the official message
with the parliamentary rooms.
There is a convention similar to that of Luxembourg for Latin
America, the convention of Montevideo.
The office in Bern of the authority of application of conventions
recognizes approximately 100 cases per year.
It admits only part of the cases. It is not very informed about
the countries which are non-signatories. The office of Bern solves
only few cases by the application of conventions. Approximately
6 cases out of 10 are solved in Europe and the others 4 cases
are solved within North America, Australia and New Zealand.
Our movement considers the phenomenon much more serious. More
than 250 cases per year are known to associations and official
services. With 120 cases at the beginning of the eighties with
more than 250 now, the importance of conveying the correct information
to the right people and especially of the magistrates becomes
essential in the direction of a preventative action.
The preventive action.
Let us speak! |
Generally, the fathers are the authors of removals. But not
exclusively. Almost always, it is about what we name of the inter
cultural marriages or "mixed " marriages.
We are contacted by people (generally mothers) not always Swiss,
who not finding any support within the law, the procedures or
the social services, and who seek a means of restoring the dialogue
with the other relative of the children. The crisis and the threats
exist, often with physical violence S. We must recognize that
the family brings only little or no comfort in the majority of
the cases. On the contrary: " you see... we told you, you
shouldn't mess with this kind of people... " The fight of
these women (sometimes of these men) causes racism and rupture
of these families. It is thus not surprising that many cases are
still unknown for us.
| We now have business with any kinds of reactions. |
If we defend the right of the children to live in their usual
environment, it is also the direction of the definitions of the
normal residence of the child in the International conventions;
then we are held for people with the narrow spirit refusing to
recognize with the children and the other relative the right to
put forward their differences.
If we take advantage of the rights related to operation of our
company, like the freedom of movement, of visit, the equal rights
for the women, etc... the answer is invariably the same one: it
had only to raise this question before...
All things considered any more, to have defended the right to
the difference, to be racist, does not count. The people most
open with inter-cultural dialogue close their eyes. The social
services take refuge within the narrow framework of our borders.
These social services, always had the attitude of laissez-faire
and the accomplished fact. Thus, one should not take account of
the disorder nor of the effects of the shock of removal in the
step of repair. For the children, with the eyes of the known as
services, all new change is to be prescribed! In other words,
let us legalize the removal of children! It is even, in cases
concerning of the distant cultures as well geographically as mentally,
much less expensive as a divorce! Certain legal consultings do
not hesitate to announce this possibility to their client.
Fortunately, there are exceptions. They are in the process of
becoming more numerous. Judges, social assistants , lawyers, police
officers, journalists and other associations make it known to
us and address to us directly or indirectly off the record generally,
front or after removal, of the people touched by this drama.
| THE CONVENTION OF THE RIGHTS OF THE CHILD |
To
consult this Convention of the Rights of the Child
and status of ratifications
We worked with the convention of the rights of the child that
Switzerland ratified in October 1996 with a reserve... An article
(Article 11) there focused specifically the problem of removal
by a relative and others on the right of the child to live with
his two parents. The concept even of relative is discussed in
the broad sense and not only within the meaning of dad and of
mom.
Each time, without exceptions, we ask the person concerned, if
it had contacted already the Swiss consular authorities, in Bern,
and directly in the country (if it is known) where removal led
the child or the children. Facilities of communication by diplomatic
channels are offered to us, especially for the translation of
official documents, without passing by the very long procedures
of extradition. A triangular collaboration is done with the assistance
of the services of lnterpol.
Let us recall that the Swiss movement against kidnapping kids
was founded on January 20, 1982 in Bern following a hunger strike
(November 1981) of a desperate mother. The three children of Mrs.
Irene Salah-Hiltbrunner had been removed and led in Egypt by the
father residing in Switzerland.
During this strike, the protagonists had for the first time knowledge
that other cases of removal frequently occurred. These two cases
of removal created an avalanche and having been informed of more
than fifty cases in a very short lapse of time, we decided to
create the Swiss movement against the removal of the children.
Supported by the press, the radio and television from the beginning,
the movement could repatriate during the following years a great
number of children on all continents. A book is published: "Passeur
d'enfants " of the journalist Paul Coudray and of Josef Melnik.
It forms the basis for films made with the actor Pierre Arditi
showing of the operations of repatriation undertaken towards Cuba,
Israel and South Africa.
| OF GOOD RELATIONSHIP WITH OUR AUTORITES ALL LEVELS |
November 24, 1982, the Federal Council addresses its message
to the chamber to recommend the ratification of the conventions
of Luxembourg (Europe, May 1980) and of the Hague (World, October
1980) against international removals children by a relative. Our
movement is quoted (p. 2 and 3): " Lately, some of these
dramas were communicated to the public and created, by private
individuals, the foundation of a Swiss Movement Against Kidnapping
Kids which made the importance of the problem become more aware,
and the chambers ratified unanimously and without restrictions
the two texts.
Our movement succeeded in ,to date, nearly three hundred repatriations,
including the two last during the summer 1996. We all are concerned
with removal. Those which did not have to suffer from this drama,
and join us, should even more be commended. Many of these returns
are the accomplishments of the parents themselves with our consulting.
Index
| We never promised miracle |
Several among us have been waiting for years a human solution
to our suffering. No one of the movement has ever had the even
smallest financial benefit from a preventive action or a repatriation.
Unfortunately, we also underwent failures. However, solidarity
allows us, in the joy of a return, to regain the strength to fight.
| A REPATRIATION IS NEVER AN ACT ILLEGAL |
We always act on the basis of Swiss justice (or of an ordinance
in the most urgent cases). We are also solidary to the parents
of other countries. We comply with the same rules relative to
the law in the usual home country of the child.
| Example of preventive action at the borders |
Violent removal occurs in German-speaking Switzerland on January
9, 1987. The mother and the grandmother are doped attached in
the cellar of their house within sight of the child. When this
is discovered, the movement sends an urgent official statement
to the attention of the police, customs and newspapers. That Sunday
(January 10), Blick and Switzerland publish descriptions of the
child and the father. In Martigny on January 11, 1987, a cook
recognizes in a restaurant the father in escape and calls the
police at once. They intervene and the situation is saved. Let
us quote some countries of the 5 continents where files are still
open: Spain, Pakistan, Italy, Morocco, Tunisia, the USA, Algeria,
Brazil, Ivory coast, Paraguay, Bulgaria, Romania... and so many
more.
We still deplore, for comprehension and effectiveness of a decision,
that in certain Canton's, the magistrates give the relative remaining
only the watch or that parental authority. Both must be present
in an emergency decision.
| What undergoes the Child: |
Generally, the removed children are not accepted in the new
society they were forced into and undergo all kinds of segregations.
Other children live there sometimes and do not appreciate "
to share " with these intruders. The good starting intentions
of the kidnapping family turn to the drama after a few weeks or
month. The instability of the relative kidnapper and his fear
of the consequences of the accomplished illegal act, without counting
the many lies with the children and the close relations, de stabilizes
the entourage. The loss of its employment in our country, the
financial and housing problems and are not regulated in the same
way for a short or long stay. In the cases of infants (some times
less than six months), the substitution of the mother (generally,
but not always) by a grandmother or a sister is very problematic.
The position of the relative kidnapper is perceived like a weakness
by its close relations! The child suffers the consequences. Violences,
lies, incomprehension, sexual abuse, diseases, psychic disorders,
insulation, ignorance of the language, persistence of not-known
as, to quote only some moral wrongs.
One cannot grant values to the statements extorted from the children
during their removal. The brain washing as well as the culpability
transmitted by the relative kidnapper and his close relations
render the relationship difficult with the conflict child. Defense
by aggressiveness and the desire to forget as fast as possible
what hurts are not reproaches to be made to the child. It is one
of the most serious damages makes the child by removal. Repatriation
and an adequate counseling must undeniably be made to restore
the mental health of the child. Among most serious, the case of
the young teenager prematurely married in Yemen (Book: See my
mother once again).
Index
| What undergoes the relative
remained only: |
An additional torture for the remaining relative: the case
of the family of the kidnapper which remained in Switzerland.
They know! They have the address of the children. They will not
release it. It is necessary that our legislation also adapt's
on the penal level to the process of judgment for obstruction
of justice and complicity. This applies also to the legal advisers
or social workers who hide under the professional secrecy act,
but know the whereabouts of the child. They commit a crime of
serious retention of information. Our legislation is full with
measurements and laws for offenses of this kind in the financial
field. How can one admit that that remains inapplicable for the
rights of the children?
A serious problem arises as of the year 1993. Open borders in
Europe. We know that the police has developed a system of communication,
information and restrictions for those condemned to extradition.
How will the question of removal and search of the kidnapper be
treated? Which additional resources have been given to the relative
kidnapper in order to scramble the tracks? How to make police
checks with at customs?
THE ROLE OF THE COMMUNITIES RELIGIOUS
|
Representatives of all the communities which we consulted:
Israeli, Moslem, catholic, Protestant, bahaO, and others, all
have confirmed to us their opposition with these practices of
removal. They almost always played a positive and dissuasive role.
| A. With the judges, with the
magistrature of each canton and the federal level: |
a) that the risks of removal announced by the mother or the
father are taken serious. Threats of removal are almost always
uttered in one way or another before the execution. Which generally
surfaces during the rights of visitation or the holidays.
b) if at the time of removal no procedures were in hand, to immediately
allot the custody and the parental authority by emergency measurements
(pre or super-provisional according to the canton's) on the basis
of request for separation or divorce, with the remaining relative
residing at the usual place of residence of the child (within
the specifications contained in the international conventions
of Luxembourg and Den Hague).
c) to make contact without delay with the police on the basis
of legal complaint related to the civil cause. Execution without
delay of the legal procedures.
d) not to delay their decisions by a time even 24 hours (and especially
not time of publication in the Official Sheet of Opinion - case
of Geneva).Written decision communicated immediately with Interpol,
the customs and the cantonal police without a waiting period of
24 hours.
e) to no more tolerate that the kidnapping parent can with impunity
return to work and/or remarry in Switzerland by leaving the child
abroad.
f) not to be satisfied with ridiculous measurements such as the
monitoring or the deposit of the passport, as bases to restore
a right of visitation after the repatriation of the child.
g) not to accept more that the accomplished one is iniquitously
recognized like law.
h) not to accept any more that the relative kidnapper ridicules
the judgment given while having his own justice.
i) to condemn this same practice of recognition of fact-accomplished
by the cantonal social services, official or private, national
or international.
| B. With the local police,
cantonal and federal: |
In the case of threats of removal:
a) that the officials of the departments of cantonal justice and
police inform the regional services that the threat of removal
of child by a relative or a close relation is just as serious
and admissible as well as a threat of removal by a sex maniac
or for a ransom. The complaint must be recorded and communicated
immediately to an examining magistrate by the fastest way, without
waiting 24 hours.
b) that it is taken into account that the immediate action and
the immediate opening of a file will save significant expenditure
as well for the community as for the relative.
c) that is put in action without delay, even of 24 hours, the
monitoring of the customs, the roads, the trains, the airports
of the entire territory. One child thus saved justifies all these
measurements. For the cases where removal took place, in addition
to the three points already quoted above:
d) that the police stations recording the complaints are informed
that ratified conventions form part of our laws completely (on
the level just below the federal constitution, with priority on
the laws voted before at the Parliament!), and this fact prohibits
the representatives to answer: "This is only a family dispute,
therefore we cannot intervene "
| C With the cantonal and private
Social services: |
a) that the appreciation and the interest of the child does
not suffer from personal and local interpretations. This paramount
interest is clearly defined in conventions of the Hague and Luxembourg
on removals of children by a relative.
b) not to adopt the policy of fact-accomplished and laissez-faire.
This is always prejudicial to the child, regardless of it's age,
sex, language, color or religion.
c) not to waste time. Not to act immediately is a crime towards
the removed children.
| D. To the newspaper industry,
televised and broadcast, with the mass-medias: |
a) to continue to support us. Our current success is often
due to their collaboration.
b) to develop and stress that removal by a relative is as serious
as an abduction for sexual abuse or a ransom. We deplore several
files where we had to re purchase the child, and where sexual
abuse was made on infants by close relations of the relative kidnapper
in all impunity. Without counting the cases of marriages forced
and arranged for young girls pre-teenagers in order to block the
accomplished fact on irreversible consequences. This is not any
more a question of respect of different cultures, but of abuse
and violations of the basic rights of the child.
Index
of a legislation and a practice suitable to ensure a true prevention
policy of removals of children by a relative and their return
if necessary.
1. A qualified federal magistrate acting instantaneously in the
penal field. The attorney general can then delegate to the Canton
the powers to continue the operations.
2. A specialized federal police-force. The cantonal police as
well as lnterpol should have the power of carrying out any measure
suitable to arrest, hold and charge the relative kidnapper and
its accomplices. To ensure that no relative thus held is released
before the return of the children within their usual framework.
3. Guarantees of re integration with conservation of housing and
employment as well for the children as for the relative guard.
With defect: the immediate support by the official funds of social
mutual aid.
4. That the Swiss Government, (DFAE), in its world diplomatic
relations, denounces as a criminal act any removal of child by
a relative or a close relation. That it makes clear the importance
with the consular establishments and embassies the priority of
the interests of the child against the pressures and commercial
requirements.
5. That the magistrates of all the Cantons, in Switzerland, apply
imperatively and primarily the two International Conventions of
the Hague and Luxembourg.
6. That the newspapers, radio and TV publishes the search immediately.
J-C. Luthi, TEl+fax: 022.7886711, e-mail: geojc@bluewin.ch
To go at the beginning of the
presentation
THE
CONVENTION OF THE RIGHTS OF THE CHILD