CCPR/C/128/D/2381/2014
questions of custody and place of residence involving the author and her minor children in
relation to the claims under articles 9, 14, 17, 23 and 24 of the Covenant. 1
1.4
On 10 April, 2 May and 17 May 2014, 29 September 2015, and 12 May and 9 August
2016, the author requested the Committee to institute interim measures to have the children
removed from their father’s custody and placed under her custody. The Committee, acting
through its Special Rapporteur on new communications and interim measures, decided not
to accede to her requests.
The facts as submitted by the author
2.1
The author and her former partner, A.J., had twins, M.L.J.H and E.V.S.H, in January
2012. She claims that A.J., the twins’ biological father, subjected her to continuous and
serious physical and psychological violence; that the physical violence mainly took place
between June 2011 and April 2012; and that in some instances, his intention was to cause her
to miscarry. For some time, she was unable to leave A.J. because she did not know where to
find a women’s shelter and she feared for the lives of her children and for her own life.
However, on 28 April 2012, she took the children and left the apartment where they had been
living. Thereafter, A.J. continued inflicting psychological violence on her. She claims that all
the ordeals she went through caused her anxiety and post-traumatic stress disorder and that
before and after the separation from A.J., the children were also victims of psychological
violence, since they regularly witnessed their father’s violence towards her. At a certain point,
judicial proceedings were instituted concerning child custody, their place of residence and
visitation rights.
2.2
On 17 July 2012, the author reported an act of violence that A.J. had allegedly
committed against her to the police, mentioning previous similar acts that had taken place in
2011 and 2012. On 31 October 2012, the police issued a report concerning the author’s
allegations and on 8 January 2013, the case was transmitted to the Prosecutor. On 19
September 2013, the Prosecutor decided not to prosecute A.J. as there was insufficient
evidence to press charges against him.
2.3
On 19 October 2013, A.J. started visiting the children, under supervision. The author
claims that soon after the visits started, she was again the victim of physical violence
perpetrated by him.
2.4
On 4 December 2013, Kymenlaakso District Court entrusted A.J. with sole custody
of the children and ordered that they should live with him as of 1 May 2014. The author
would have visitation rights, according to which the children would stay with her in her home
every second week, from Thursday to Sunday. The Court referred to a psychologist’s
statement indicating that, while the author was psychologically stable, she had alienated the
children from their father during the period of shared custody and had not allowed him to see
them between 1 February and 19 October 2013. Moreover, the psychologist had noted that
the author’s accusations concerning A.J.’s acts of violence were untrue and that her intention
was to defame him. Given that background, the District Court concluded that A.J.’s allegedly
violent behaviour towards the author and the children had not occurred. The author claims
that the District Court failed to duly take into account the statement produced by a child
psychiatrist, which was not even mentioned in the Court’s decision, as well as the fact that
in October 2013, she started therapy in relation to the trauma caused by the acts of violence
she had suffered.
2.5
The author alleges that on 15 December 2013, she was in a shelter in Pori together
with a shelter supervisor and the children, since a supervised visit of the father and the
children had to take place there. When the father arrived, he behaved badly and attacked her,
resulting in a contusion on her right shoulder. Afterwards, she reported the event to the police,
and saw a doctor the next day.
2.6
On 17 January 2014, the author submitted an appeal to Kouvola Court of Appeal
against the decision of the District Court of 4 December 2013. She claimed that the children
should remain in her sole custody and live with her; that the father should be granted
1
2
The author’s claims under articles 2 (3) (a) and 5 were raised in her submission of 24 April 2015.