“SEYAJ” appeals to the head of the Court of Appeal of the governorate of Hajjah to intervene quickly and decisively to save and equity (MA, aged 12 years and a few months) victim of the crime of abduction by trickery at night, is currently being tried before the court of Abbes primary administration for a “flagrant act” An indictment from the prosecution on the grounds that the girl “escaped with her consent” forgetting the prosecution that her consent at this age is not considered legitimate and law.
In a letter addressed today to the head of the appeal, Judge Mohammed Ali al-Jordi, SEYAJ stated that “… the guardian of the girl child was brought before same court in another case to be charged with” muscle “in order to force him to marry one of the kidnappers. So Judge Majed Al-Hareb reject this case, and without this refusal, the crime of kidnapping and the consequent damage to the rights of the victim and her family and the community in general would have been subject to a marriage contract despite the law, morality, virtue and the family of the child.
The appeal explained that the judicial authorities in the Directorate: did not investigate the incident as a kidnapping crime, although “taking a minor out of the custody of his legitimate parents or guardians without him is a kidnapping, whether by coercion or treason.”
The victim was not shown to a specialized medical committee to verify her virginity and not to be raped during her abduction, although this act is common in such cases to force the female guardian to contract her abductor.
Not all those involved in the crime were arrested, but only one accused.
The child victim is held in custody by a tribal sheikh, although her guardian and her family have repeatedly asserted their demand to be extradited in exchange for clear obligations to protect her and not to harm her.
SEYAJ summarized its appeals in the following points:
– AS (24) for the year 1998, and to ensure that all those involved in the crime are directly and indirectly brought to justice and subjected to the most severe penalties set forth in the national laws in force, namely articles 2, 9 and 10 of the ” , And Article 249 of the Penal Code (12) for the year 1994 (amended by Republican Decree No. 16 of 1995) without prejudice to any more severe penalties stipulated in the national laws in force.
– Presentation of the victim child to a medical committee to check the safety of her virginity.
– To return the victim to her family after taking clear commitments and commitments not to be physically or psychologically abused or harmed.
– Investigating the indictment and prosecution of the victim child for “flagrant act” and the extent to which it conforms to national laws and the Convention on the Rights of the Child, reason and logic.
– To issue a decision to all your legal trustees not to enter into marriage contracts for such cases, especially if the female minor is raped during the so-called “escape”.
– To issue a decision to the courts of your own to provide each of the “escapes” a girl under 16 years of age as a kidnapper in a trick according to the above-mentioned laws.
– In order to protect our children – all – in schools, homes and other places from tampering and deception and exploitation of these delinquents behaviorally and sex with children under the pretext of “escaped with their consent” in view of these behaviors and crimes of the rights of young children and the honor and dignity of families and public tranquility of damage without deterrence.
Issued by SEYAJ for Childhood Protection.
February 24, 2019