CCPR/C/128/D/2381/2014
that incident, although her partner witnessed the scene. She alleges that the father prevented
her from seeing the children for 11 months after that incident.
10.4 On 26 November 2016, the author submitted her comments in response to the State
party’s observations of 30 June 2016. She reiterates that she has exhausted domestic remedies,
although they proved to be ineffective and arbitrary, and that there have been serious flaws
that have affected the outcome of the proceedings. The author recalls that she has challenged
the custody, residence and visitation rights in both custody disputes. She notes that she has
appealed the administrative proceedings concerning the decision of the immediate placement
of the children in an orphanage on 10 April 2014 before Turku Administrative Court and the
Supreme Administrative Court and that there is no possibility of further domestic appeal or
remedy. She adds that the administrative proceedings concerning the immediate placement
of the children following the incident of 26 October 2014 and the lack of immediate
placement following the incident of 13 September 2015 did not include a possibility for
appeal.
10.5 The author reiterates that there was no oral hearing with regard to the emergency
placement and restriction of contact from 10 April to 2 May 2014 before the Administrative
Court or the Supreme Administrative Court. She refers to the Committee’s general comment
No. 35 (2014) on liberty and security of person, in which it stated that placement of a child
in institutional care amounted to a deprivation of liberty within the meaning of article 9, and
that the child had a right to be heard, directly or through legal or other appropriate assistance,
in relation to any decision regarding a deprivation of liberty, and that the procedures
employed should be child-appropriate (para. 62). She recalls that the children have not been
heard, since the State party decided that they could not be heard. The author argues that the
lawfulness of the children’s deprivation of liberty was not decided by the court in proceedings
that fulfil the requirements of article 14 of the Covenant. She recalls that when the children
where “released” to the father’s house on 2 May 2014, the security aspects covered by article
9 were not taken into account by the State party. The author notes that the Administrative
Court did not even list or state what evidence it had used for the immediate placement and
thus the conclusion remains unclear. She argues that only 10 per cent of immediate
placements include an oral hearing. She claims that the Administrative Court’s decisions
were based mainly on the investigations of social workers, which could include allegations
and personal opinions, referred to as “evidence” by the Court. In addition, she emphasizes
that the “client” has the burden of proving that the social workers’ concerns were unfounded
and that there was no need to interfere with the family life of the children and the parents.
She requests the Committee to order the State party to improve the system to include oral
hearing, specifically in cases of interference in family life. She adds that there is no evidence
that proves that she would have harmed the children.
10.6 With regard to article 23, the author refers to her previous submissions and claims that
any discriminatory treatment with regard to procedures for child custody and visiting rights
should be prohibited, in the best interest of the child.
10.7 Concerning article 24 of the Covenant, she recalls that it is for the State party and the
parents to create conditions to protect and promote the rights of the child recognized in the
Covenant.
10.8 On 11 August 2018, the author reiterated the facts and complaints detailed in her
previous communications. Regarding admissibility, the author notes that the communication
before the Committee on the Rights of the Child concerns the enforcement of the visitation
rights, not the question of child custody and places of residence.
State party’s further observations
11.
On 14 June 2019, the State party reiterated its position and all of its previous
argumentation.
13