“The Basic Public Prosecution Office in Skopje and the Basic Public Prosecution Office in Veles are informing the public that they are actively taking actions for determining the facts in relation to the case with the girl in care of the Public Institution for care of children with educational-social problems and disturbed behavior – Skopje. Having in consideration that there is public interest about the events related to the girl, which are dealt by these prosecutions, the Public Prosecutor’s Office indicates that at the moment they can only share such information that do not violate the secrecy of the procedure, according to Article 289 of the Code of Criminal Procedure and the provisions of Chapter 16 of the Law on Justice of Children that refers to the protection of the child as a victim or witness in the criminal procedure”, is said in the announcement of the Prosecution Office.
Furthermore, the Prosecutor’s Office informs that cases have been developed upon written notifications submitted by the Ministry of Interior upon which they are acting, but they did not give an answer as to why no actions have been taken until now.
“In the Basic Prosecutor’s Office in Skopje a case has also been opened upon a submitted criminal charge by the parents of the girl, through a lawyer, against persons employed in the Public Institution
for care of children with educational-social problems and disturbed behavior – Skopje, for committed criminal acts – Abuse of official duty and authority and Unconscientious work in the service according to the Criminal Code”, state the PPO.
The Basic Prosecutor’s Office in Veles is acting upon a case for which details have already been announced in the public. “After receiving the notification, the Prosecutor’s Office immediately issued an Order for medical examination to the Institute of Forensic Medicine. Yesterday, the Prosecutor’s Office received a criminal charge for a particular offender from the Ministry of Interior. The procedure will continue intensively on clarifying the event until a public prosecution decision has been made”, is written in the announcement.
In the meanwhile, new details are being presented in the public related to the abuse of the 13-year-old girl in care of the public care institution “25 May”. Lawyer Sofija Bojkovska reveals for Аkademic new details in regards to the case of the 13-year-old girl in care of the Public Institution for care of children “25 May” in Skopje. More specifically, the juvenile girl had to undergo abortion on Thursday, 16.02.2018, because she became pregnant following the sexual harassment she was exposed to. These details, explains the lawyer, refer to events that preceded the abortion.
“In the capacity of an authorized person, attorney of the biological parents of the girl, in cooperation with the ECRR, as early as April 2017, through several legal actions that were undertaken, special care and special protection was initiated for the girl, who even in that period was a potential victim of human trafficking. Not a single relevant institution fulfilled its obligation and no measures were undertaken to protect the girl until the last escalation of the case, that is, until the media announced that the juvenile girl had become pregnant and had undergone abortion due to sexual assault”, says Bojkovska.
Following detailed and complex research of the case, lawyer Bojkovska explains that even though there had been many legal obstacles and uncertainties of a procedural nature, in the capacity of an authorized person, attorney of the parents of the child, the following measures have been undertaken:
1.On 15.12.2016 a proposal was submitted for reinstatement of the parental rights of the biological parents of the girl, who had already served their prison sentence and fulfill the legal requirements for
having their parental rights restored, but the court has not yet brought a decision on this proposal to date.
2.On 8.5.2017 a request was submitted to the Center for Social Work for initiating a disciplinary or court procedure for inattentive, irresponsible and unprofessional work of the appointed guardian of the child and of the Institution for care of orphanages “25 May”. Furthermore, we requested for the Center for Social Work to undertake other additional measures and actions for the protection of the child.
3.In regards to the submitted request, the authorities of the Center for Social Work replied the following with a notification on 23.5.2017: “There is no misconduct on behalf of the appointed guardian or the responsible persons in the Institution for orphanages “25 May”, Butel – Skopje”. Namely, the person who replied and decided on the submitted request to the CSW is the very guardian of the child, a social worker in the public institute Inter-Municipal Center for Social Work – Skopje, hence the protection given to the child is questionable as precisely the authorized guardian of the child refuses to provide appropriate care and to conscientiously perform his duty.
4.With the purpose of protecting the best interest of the child, because of all the legal obstacles that exist, given the conflict situation and the conflict of institutional interests/competencies, the biological parents of the child, through their lawyer, have also filed a criminal charge with the Basic Public Prosecutor’s Office on 1.8.2017, against the guardian and against the public care institution “25 May”, whereas the competent public prosecutor for the case is E.N. After exactly six months from the filing of the criminal charge, there is no response for any actions undertaken.
5.On 17.1.2018 a civil suit was also filed for determining discrimination on the basis of ethnicity against the MLSP, the Center for Social Work and the public care institution “25 May”.
6.In November 2017, the child was transferred and placed in the Public Institution for care and education of children and youth “Ranka Milanovik”, Skopje. During the period the child is placed in Ranka Milanovik”, she disappears again and after her return pregnancy was determined as a result of the sexual assault she was exposed to while being absent from the care institution.
While the PPO is yet to deal with this case, information has come out that two other juveniles in care of the same institution are also pregnant. One of them is 17-years-old and is to give birth in September, and the other one aged 15 has already had an abortion.
From the Ministry of Labor and Social Policy they say that the two new cases of pregnancy of juveniles in care of “25 May”, are not a result of assault or sexual exploitation, but that they had become pregnant after willingly having sexual relationships with others in the care of the institution, with whom they were in a relationship with.
Yesterday the Director of “25 May” resigned due to moral responsibility. The question is raised as to whether and how moral the newly appointed director will be, as a “pilot” of “25 May”?
And will anyone take real responsibility, when the moral axis has already been shifted long ago in Macedonia?
Маја Ivanovska
