The “Siyaj Organization for Child Protection” calls upon the President of the Hajjah Governorate Court of Appeals to intervene swiftly and decisively to rescue and deliver justice to (M.A., aged 12 years and a few months), the victim of a deceptive kidnapping under cover of night. She is currently being tried before the Abs District Primary Court on charges of committing an “indecent act,” based on an indictment from the prosecution claiming that the girl “ran away willingly.” The prosecution conveniently ignores the fact that consent at such a young age is not legally or religiously valid.
In a letter addressed today to the President of the Court of Appeals, Judge Mohammed Ali Al-Jaridi, the organization stated that “…the victim’s guardian was also brought to trial before the same court on charges of “obstruction of marriage,” forcing him to marry her to one of the kidnappers. Had it not been for Judge Majid Al-Harib’s refusal to hear the case, the kidnapping and the resulting harm to the rights of the victim, her family, and society at large would have been obscured by a marriage contract that violates the law, morality, virtue, and the girl’s family.”
The appeal explained that the judicial authorities in the district did not investigate the incident as a kidnapping, despite the fact that “the removal of a minor from the custody of their legal parents or guardians without justification constitutes kidnapping, whether by force or deception.”
The victim was not examined by a specialized medical committee to verify the integrity of her virginity and to determine if she had been raped during her abduction, even though this practice is common in such cases to coerce the girl’s guardian into marrying her to her abductor.
Not all those involved in the crime have been apprehended; only one suspect has been arrested.
The victim is currently being held by a tribal sheikh, despite her guardian and family repeatedly stating their demand for her release in exchange for clear guarantees of her well-being and protection from any harm.
The organization summarized its appeals in the following points:
The immediate arrest and trial of all those directly or indirectly involved in the crime, bringing them all to justice and imposing the most severe penalties stipulated in applicable national laws, specifically Articles (2, 9, and 10) of the “Combating Kidnapping and Robbery Crimes” Law No. (24) of 1998, and Article (249) of the Crimes and Penalties Law No. (12) of 1994, as amended by Presidential Decree No. (16) of 1995, without prejudice to any more severe penalties stipulated in applicable national laws.
The victim should be examined by a medical committee to verify her virginity.
The victim should be returned to her family after obtaining clear commitments and pledges from them not to subject her to any physical or psychological harm.
The decision to charge and prosecute the victim with committing an “indecent act” should be investigated to determine its compliance with national laws, the Convention on the Rights of the Child, and common sense.
A directive is issued to all legal guardians under your jurisdiction prohibiting the performance of any marriage contracts in such cases, especially if the underage girl was raped during what is known in the region as “running away.”
A directive is issued to your courts to prosecute anyone who “runs away” with a girl under the age of sixteen as a kidnapper, in accordance with the aforementioned laws.
This is to protect schoolgirls and young girls in homes and public places from the manipulation, deception, and exploitation of these deviant individuals with a penchant for pedophilia, who claim she “ran away willingly.” Such behavior and crimes inflict harm on the rights of young girls, the honor and dignity of families, and public peace, without any deterrent.
Issued by the Siyaj Organization for Child Protection – February 24, 2019
