CCPR/C/128/D/2381/2014
supervised visits twice a month; and that those measures were necessary to guarantee her and
her children’s safety and well-being. In addition, she requested a stay of execution of the
District Court’s decision until the case was examined by the Court of Appeal.
2.7
On 14 March 2014, the Court of Appeal dismissed her request for a stay of execution
and stated that there were no grounds for suspending or revoking the District Court’s decision.
The author claims that the Court did not provide adequate reasoning for denying her request
or address her accusations that the children’s father had been violent towards her and had
threatened her. She also claims that the Court failed to take into account the medical reports
dated 19 November 2013 and 3 January 2014, issued by two psychiatrists, which stated it
was not recommendable to change the custody of the children to the other parent, since a
radical change or a separation of the children from their mother for a long period of time
would negatively affect their development; that the author had post-traumatic stress disorder
caused by the continuous violence inflicted by the father; and that she had a stable personality
and did not have any mental illness affecting her parenting ability.
2.8
On 1 April 2014, Kouvola Court of Appeal was merged into Itä-Soumi Court of
Appeal, which subsequently dealt with the author’s case.
2.9
On 10 April 2014, Pori Social Services put the children under emergency placement.
It removed them from the author’s custody without prior notice and placed them in the
orphanage in Kalevanpuisto, in Pori. The author claims that the children strongly opposed
the removal and that she was not allowed to visit them that day. She also claims that the
Social Services informed her orally that the reason for removing her children was a suspicion
that she would try to hinder the transfer of custody on 1 May 2014, since she had not allowed
the father’s visits during the weekends and objected to the transfer of custody to him. The
author was allowed to see the children only once a week. She appealed the Social Services’
decisions before Turku Administrative Court. On 16 April 2014, the Administrative Court
rejected her appeal.
2.10 The author applied to Itä-Soumi Court of Appeal, requesting the suspension of the
enforcement of the District Court’s decision of 4 December 2013. On 24 April 2014, the
Court of Appeal denied the author’s request. It referred to the decision of Kouvola Court of
Appeal of 14 March 2014, which stated that the best interest of the children did not require
the suspension of the enforcement of the District Court’s decision. It recalled that on 10 April
2014, the children had been placed in the orphanage on the grounds that the authorities
considered that the author’s behaviour might be detrimental to their well-being.
2.11 When the author’s communication was submitted to the Committee, she argued that
although the oral hearings regarding the appeal of the custody would take place only in
summer or autumn 2014, she had exhausted all available and effective domestic remedies as
there was no appeal against the decision of Kouvola Court of Appeal concerning her request
for interim measures.
2.12 On 2 May 2014, the author was informed by the Social Services that the children had
left the orphanage and that custody had been granted to their father, who had taken them to
his house in Iitti, Haapa-Kimola. The author claims that his house is 300 km away from their
previous home and that it is in a remote rural area, with no neighbours or public services
within a 7 km range. The children would have no help if they were victims of violence
perpetrated by their father.
2.13 On 16 May 2014, the author submitted a request for interim measures to Itä-Soumi
Court of Appeal, and asked it to transfer the children’s residence to her house. She claimed
that they had already been separated from her for 35 days; that the separation had had
traumatic consequences for them; and that it was in their best interest to live with her. During
the hearing, the author provided the statement of a child psychiatrist who had found that the
enforcement of the Social Services’ and District Court’s decisions had already severely
traumatized the children and had caused serious harm to their mental health. On the same
day, the Court of Appeal denied the author’s request, but decided that the children had the
right to see their mother two hours a week, under supervision. The author claims that this
decision runs contrary to the State party’s law, since the District Court had already granted
her broader visitation rights (see para. 2.4 above) and the father had not opposed that decision.
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