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Goncalo Amaral
Lives without Defence
Disappearance, abduction and abuse of children in Portugal
Lives without Defence
Goncalo Amaral
planet Manuscript
Loreto Street, No. 16-1. Right
1200-242
• Lisbon Portugal
All rights reserved
according to the legislation in force
© 2011, Goncalo Amaral
© 2011, Manuscript Planet
Review: Fernanda Fonseca
Pagination: Guidesign
1. First Edition: October 2011
Legal Deposit No. 929 / 11 334
Printing and finishing: Guide - Graphic Arts
isbn: 978-989-657-247 -
a
www.planeta.pt
11
index
Foreword by Paul Sergeant. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 13
introduction
Ignored the rights of children. . . . . . . . . . . . . . .
. . . . . . . . . . 17
PART 1
Chapter 1 - Limitations of the law and failure model
national intervention. . . . . . . . . . . . . . . . . . . .
. . . . . . . . 25
National law to protect children. . . . . . . . . . . . . .
. . 27
Intervention model dysfunctional. . . . . . . . . . . . . .
. . . . 43
Chapter 2 - Types contemporary risk and danger
for children. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 53
Paedophilia and sexual abuse. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 54
New technologies. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 57
Intimidation, humiliation and aggression from colleagues. .
. . . . . . 61
Disappearance and abduction of children. . . . . . . . . . .
. . . . . . 78
False allegations of rape. . . . . . . . . . . . . . . . . .
. . . . . . . . . . 91
Goncalo Amaral
12
Chapter 3 - This shows the global reality. 95
Study of real cases occurring worldwide. 95
Guide for parents, educators and guardians of children
missing or abducted. 177
PART 2
Chapter 4 - In Portugal there is much to do. 201
Devaluation of the crimes of abduction. 215
Chapter 5 - Powers exceeded. 231
How does the law protect little children and absences
of politicians. 231
Chapter 6 - Changing the paradigm of criminal investigation
Portuguese. 245
Inability of the Judicial Police in preventing
the disappearances. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 246
Chapter 7 - Methodology of research for kidnapping
and disappearances. 251
Evolution of police methods. 252
Specificity of the crime of rape. 257
Guide criminal investigation of the critical phase of the
abduction
of children. 293
Bibliography. 303
Preface written by
Paul seargento
The evolution of the species seems to have a place for human
beings
laggard in development. At birth, calves are unfinished,
helpless and therefore dependent on the care of others.
Without such care, our survival would not be possible.
Therefore, the Nature has made us young fragile, unfinished
and defenceless, but simultaneously has given us parenting
skills of remarkable. And this appropriation is caregivers
that most distinguishes us. In addition to breeders, we have
remarkable abilities to care for.
More! Most of us, without breed, is capable of caring. This
remarkable fact has the historico-cultural paradigm the
figure of St. Joseph, father of Jesus Christ. With Indeed,
according to the biblical narrative, which to me is absolute
truth, In this context, irrelevant, it symbolizes the parent
caregiver that exceeds the "instinctive" need to procreate.
Some argue that procreation is constituted as an "instinct
perpetrator "of the species. However, the evidence has
in-established that many breeders do not seem to participate
in this "instinct perpetrator "Insofar as they do not pursue
the indispensable" instinct caregiver "of offspring or even
seem to fight it. It's true!
Many parents (breeders) neglect, abuse, or even eliminate
their young under various circumstances, the most different
reasons and using the most diverse and complex strategies.
Sergeant Paul
It's quite paradoxical in the same individual to conceive of
a species, an opposition of principles for such same
species. Still, some areas of knowledge such as evolutionary
psychology, has in helped to establish some principles
understanding of this apparent paradox, that question,
however, I will not develop in this context.
The act of caring for their young, in humans, is not
comparable with the other species, either in quantitative or
in qualitative terms.
We are part of a group of species whose reproductive
strategy basically implemented the following formula: low
and high offspring parental investment.
Indeed, we generate few offspring per unit time and we must
care for an extended period. It is the formula that nature
gave us to compete in championship evolutionary survival.
Until we reach the so-called adulthood come a long way where
we go, step by step, gaining a greater ability to take care
of ourselves. Only when we are able minimally to take care
of ourselves we are able to care for others. And so
the cycle is renewed!
The walk to adulthood has to be monitored, especially with
love. This love must be accompanied by protection. But this
protection has to be dosed by the need which leads to
sufficient autonomy requires that the adulthood. That's why
love has no boundaries, but the protection and autonomy yes!
Protect or not protect in too is a mistake. Do not give it
autonomy or excess is another mistake.
And if such errors occur extemporaneously, then, is a
catastrophe.
We must, therefore, the following question: When we cease to
be children and we become adults? When we are autonomous
enough we know to protect and, consequently, protect those
who needs to be protected!
This book by Goncalo Amaral responds to these issues a
masterful way and, moreover, timely. His vast experience as
a criminal investigator and, above all, his genuine concern
with the protection of children and their nobility of
character were, surely a great recipe for the undeniable
quality of this remarkable the document.
The risk that a child is subjected are multiple sources and
several different shades according to the acquisition of
skills that their cognitive development, social and
emotional will allow. The concept of the child is therefore
extensive and complex, and should not be reduced to a
chronological age, moreover,
is multiple and disjointed in our legal system. Legally, we
children to be 18 years for civil purposes, but we have made
men at 16 to work or to be judged by the practice of a
crime. The dissection of this conceptual esquizofrenizacao
legal function of a single criterion - the age - is, from my
point of view, argue the most of this work, which puts his
finger on those
that in our country, complain, with bacocas voices, the best
interests the child, taking pride in of their membership,
since 1989, the Rights of the Child, while unaware of the
Protection Act Child, written by Father Antonio Oliveira,
who in 1911 already highlighted the concern of many people
about what being a kid and the special rights of this
condition. Those, too, that, by invoking the interest of the
child, do not hesitate to subordinating it the rights of
adults, as evidenced, for example, cases "Esmeralda",
"Alexandra" and "Maddie". They are, finally, those who look
at increasingly early criminalization as a way to end with
so-called juvenile delinquency.
Finally, a system in which to be adult or child depends on
the fluctuation of its ideological and utilitarian
functional "decorated" by pseudopos-modern relativism.
But this work does not stop by our "garden by the sea
planted ".
Beyond the borders, geographical and cyber, to help us
understand the risks, dangers and crimes against children
are generalized in many different ways and in many different
ways.
Sergeant Paul
The answers, though many, we have shown, in addition to
clearly insufficient and ineffective, especially vulnerable
to a design more buoyant in terms of values, where the
neoliberal principles exceeded humanitarian values, showing
a world where not all children are worth it.
Defense shows lives without us reflect on the urgency of the
policy Portuguese criminal and create a new paradigm of
protection for our children. It is with hope that Goncalo
Amaral calls there is still much to do and gives us two
outstanding guides: one for parents and carers guide for
parents, educators and leaders ofmissing or abducted
children, and one for researchers criminal and other
authorities, guide the criminal investigation
critical stage of child abduction.
Life comes with no defence, as well as both a scream the
revolt of those concerned with the protection of children
and a hymn tribute to those who in one way or another, did
not
Who will protect them. It is a work for which no one can get
indifferent. His reading, compulsory or to lay or to
technical be an important warning to one of the greatest
scourges today: the disappearance, kidnapping and child
abuse.
For my part, I leave a fraternal embrace and gratefully
acknowledged
Goncalo Amaral, to share your concern and your know, even at
a time when it seems to have fallen into disuse.
We thank you,
Goncalo!
Lisbon, 26 September 2011.
Sergeant Paul
Psychologist and professor at the University Lusophone
Introduction
Ignored the rights of children
Children destroyed by wars are an example of intolerance, of
violence and misunderstanding inherent in men, whether in
Gaza Strip or in any armed conflict elsewhere in the world.
The scars of violence produced in children who grow up in
the middle of a conflict are difficult to erase. How to talk
with a child who suddenly found himself orphaned as a result
of brutal violence and blind destroys everything? As we
understand it, how to return to childhood and innocence,
lost and destroyed by war? Some say that by
As children will forget the pain and suffering, but those
who work directly with these children, children
psychologists victims of war, say otherwise. Those children
will never forget and need someone to talk to them about
their experiences, about their fears and concerns, to
protect them from the scary world and abroad, as their
fathers did.
Why write about them or about the child soldiers that we
points furthest reaches of the world use a gun to kill and
grow and assaulting, used and abused by warlords? These are
things that happen far away, say the optimists, we live in
the world West, a democratic, culturally and socially
evolved, without war. These are things that do not affect
our children, say the
more distracted. The war and its horrors go on all day
Goncalo Amaral our homes through miraculous that box, the
television, but it seems that
European children are immune to that type of victimization.
We Europeans and Westerners, we forget the proximity of war,
although the conflict in former Yugoslavia has not been for
so long, and today still respond in court some of those
responsible for acts of genocide have occurred at the time.
Children died there and other innocents, but the winners of
that and other conflicts armed invented the concept cynical
and inhuman that it justifies.
Do not forget that in the offices was cooled with air
conditioning Pentagon that the U.S. military thinkers found
the term that calms the soul of the West: collateral damage.
Thus, the victimization of a child during a War is a mere
collateral damage.
Geographic elsewhere, during the 70's and early 80 of the
last century, multiplied disappearances of children,
daughters of political activists killed or persecuted by
dictatorships Military of Argentina, Chile, Uruguay and
Paraguay.
In Argentina, have occurred in recent years trials of former
members the military dictatorship (1976-1983), for having
planned and executed the abduction of children of political
opponents. It has been found during the trials,
which was designed and implemented a general plan of
appropriation children of the disappeared politicians in
order to deliver to families devotees of the dictatorial
regime, which the educational perspective because the
ideologues such a system those children considered as having
the "gene
subversion "and therefore should be raised and educated in
families to defend the lifestyle "Western and Christian."
For the ideologues the dictatorship, was concerned a finding
of "race argentina 'by the abduction of children of
political opponents, considered subversive. According to the
survey of Mothers and Grandmothers of Plaza de Mayo well
known, during the dictatorship, has manifested itself daily
the square of the same name, in downtown Buenos Aires, will
been abducted about 500 children, daughters of the
disappeared politicians,
Lives without Defence and of these only have been recovered
or identified by families about 102 biological, not knowing
the whereabouts of the others. In one of his manifestos can
be read:
"There are many children abducted in Argentina. Some missing
with their parents when they were taken by security forces.
Others were taken from their homes. They have different
ages: from children months until they are already hitting
puberty. We are looking for, Also, babies who were born
during the captivity of their young mothers, taken in a
state of pregnancy, since the first month of pregnancy until
almost to the time of delivery. Do not respect anything.
Were torn brutally from their homes. "
The vast majority, children victims of the Argentine
operation that are still missing, their relatives do not
know if they are living or dead, nor their state of physical
and mental health. All this increases their distress:
"There are many children who have witnessed scenes of
violence; witnessed their homes being looted, their parents
getting ill-treatment and sometimes seen as the parents were
injured or killed. Were witnesses in his short life, brutal
episodes, and some had the fate of ''missing''adults.
Sometimes, some, few, returned after a period of
imprisonment. Others were in the care neighbours or
relatives, who must endure the relentless questions:
When the father around? Why not turn the mother? ... »
These disappearances of children in a dictatorial regime,
the time supported by the U.S., a country with strong
democratic roots, an ideal that seems to have been forgotten
in the mire of international politics, and the best prepared
in the investigation of missing children, not much different
from that occur in the refugee camps of United Nations and
swell the network of child prostitution in Asia or any other
country in the Third World, to the satisfaction laudable and
delight of European heads of families or come from other
so-called civilized countries.
The motivations of these disappearances are different from
those more strongly manifest themselves in our country and
in Western societies contemporary. And dictatorial military
regime in Argentina, the children were kidnapped for
adoption on the grounds of having be cleaned of "subversive
genes', as already noted. In Thailand or any other country
with child sex tourism, the same are abducted to be subject
to sexual abuse, beatings and torture by paedophile tourists.
In the first case, it is unknown fate and the whereabouts of
most part of the grandchildren of the Grandmothers of Plaza
de Mayo, they will be living or dead, assuming that have
been adopted. Asian children in their most with 7 or 8
years, disappear to emerge later in brothels of any tourist
destination, frequented by Western tourists and Japan in
search of what they call the "new love".
The child sex trafficking, organ trafficking and the
exploitation of child labour are things of poor and
underdeveloped countries, believes European citizens in the
comfort of their democracy. These things, think this that
happen far away, things that seem to affect only the poor,
nothing to worry the citizens of a rich West in crisis, but
affluent. Moreover, even where the Amazon becomes a
destination sex tourism, where children are abused by
wealthy Americans, this will always be something that
happens here in Brazil, not in our country.
But we stand here in this corner of Europe, the situation
will not be very different. Our children are also abducted,
sexually abused, victims of abuse
physical and psychological within the family, at school,
known by or unknown, exploited, abandoned, neglected and
used at the begging.
May not be statistically proven cases of abductions
paedophile networks, motivated by sexual gratification, can
our children do not thicken the sex trafficking of children
nationally and international, but they disappear.
Disappear before the police inaction and lack of a
operational planning that enables a rapid, efficient and
effective, leaving behind a trail of pain and suffering
difficult to overcome by parents, relatives, friends and the
citizen through the media will follow the unfolding drama.
Our children are also vulnerable to victimization beings,
run hazards and risks as the others, at home, on the street,
walking to school or middle school. They are also used as a
weapon in midst of marital disputes for their safekeeping
and custody, forgetting the child's interest, and sometimes
killed in an act of revenge against each other.
In other words, the fundamental rights of children are daily
abused or neglected. Children are beings with rights
established themselves in the Universal Declaration of the
Rights of the Child promulgated on November 20, 1959, 52
years long gone, and conventions international. Such rights
are global and cover all children of the world, not just
those living in rich countries.
The right to be able to develop physical, mental, moral,
spiritually and socially, with freedom and dignity to the
name and nationality, since its birth, food, entertainment,
home services and appropriate medical facilities; to grow
supported by parents and under their responsibility in an
environment of affection and security, to receive treatment,
education and care, when impaired physical or mentally, the
free and compulsory education, to be among the first to
receive protection and relief, to be protected against all
forms abandonment and exploitation and shall not work before
the age
appropriate, to be protected from practices of racial
discrimination, religious or any other, to be educated in a
spirit of understanding, tolerance, friendship, brotherhood
and peace among peoples.
These are the rights of every child, rich or poor, in
anywhere in the world
Chapter 1
Limitations of the law and failure model national
intervention
The dangers to which they are subject and the risks that
children face may be different depending on the society they
live in, but do not let to exist only because they are rich
or live in more developed societies culturally and socially,
as the Portuguese. It is wrong to think that only children
coming from poor or dysfunctional families run danger and
are subject to risks.
The risk represents the probability of the danger
materializes, and the modern societies, children are more at
risk against the increased sources of danger. The existence
of an acceptable level of risk depends when the measures of
prevention and protection which have been taken to control
it.
The risk can be assessed through the risk analysis and
enhancement.
The risk can be managed and controlled, avoiding the or
eliminating it the source, integrating risk prevention in
the family or group school, replacing or changing things
dangerous behaviour by others, adopting collective protective
measures priority (Family or school group), preferably the
protective measures individual, and the adaptation of
family, school and child to technical progress, new
technologies, their valences and dangers in its misuse.
The danger is the source or situation with a potential for
produce damage in terms of injuries, injury to body or
damage to physical or mental health, but also in shaping the
character the "adults of tomorrow." It is necessary to
identifya danger, acknowledge their existence and define
their characteristics.
Prevention is to protect and prevent it from happening is to
take appropriate measures to reduce the consequences of an
event.
In the background, is what many parents and teachers do with
their children and students. It is necessary to take into
account the dangers and risks change depending on the
child's age and the evolution of society in which children
are embedded. Speak up lot of children and young people
risk, through the political discourse in the media and
social networks, but sometimes, it is unknown the problem of
we are talking about. There are several factors contributing
to the situation risk of our children and young people,
given that, for an analysis seriously, you need to know
these children and youth, as characterized, their needs,
think about your future and know
the source of their difficulties.
The reality of children and youth at risk is characterized
by its heterogeneity and complexity, by virtue of several
factors, which only be explained by the use of an
interdisciplinary response. Professionals working with these
children and young people in areas of health, justice,
education, social security, not can forget the heterogeneity
and complexity of the problem,
order to help them to overcome the dangers and risks that
are subjects.
If we gather a group discussion on the rights of children
will encounter the most diverse opinions. As a rule, adults
tend children to design their problems and interests and
situational, which generally do not coincide and are in
conflict. Separated or divorced parents are fighting for
their interests relation to children, teachers defend their
position personal and corporate, therapists and clients are
gaining ground, the technical social security act late and
disorderly, the courts resolve the issue in an objective,
cold and often unfairly, according to the understanding of
the parent losing cause, but the main person, the child
finds herself relegated to second plan, used as a throwing
weapon. The interest of the child, that the best interests,
is often overlooked.
On the other hand, one should not forget one key factor.
Societies evolved, the family structure has changed
decisively as women, or mothers, left home under
professional ambition of the place or conquered.
Thus, the role of mother has changed their presence and
continued daily
with their children disappeared. Today, children spend more
time in school than at home. The time for parents to
socialize with their children has been reduced. The school
became an educational responsibility and training as never
before, and dangers come in- by house inside, through
television and new information technologies, mobile phones
and computers.
Today's children have access to more information, but the
increase this flow of information was not accompanied by an
increase Knowledge of quality.
National law to protect children Companies, including
Portugal, have evolved, and the rights Children began to
appear, as we have seen, Conventions and Treaties
international, and is a respectable collection and respect.
Already seems to go away that year of 1995 when, following
the arrest a couple for international drug trafficking, and
a search your home, we encountered a case of difficult
resolution for the time.
Close to 21 hours a day of week, then to stopping the couple
together to the post office from Lisbon Airport, which had
just to lift an order that contained the cocaine coming from
Latin South, we turn their home. Here we found that the
couple had two daughters, one 7 years old and a 5, which had
been the day all alone. At the arrest of the parents, the
same would happen during the night.
We tried to solve the problem by contacting family, which
refused to collect the children that night. They enter the
chain with the mother was out of the question, given the age
and the fact that progenitor only be detained pending trial.
The whole neighbourhood refused to accept the children. Were
contacted
various institutions, but the answer was always negative.
With great difficulty we managed to the gate of the building
temporarily host those children in
danger of neglect under the circumstances created by the
parents.
Today, we live in a world very different, as it has
resolution to this problem.
The Law on Protection of Children and Youth at Risk and the
creation of
Commissions for Children and Youth at Risk represents a
qualitative leap
the establishment of a de facto protector and necessarily
preventive, with the creation of structures essential to
compliance with the legislative purpose.
Tell yourself that, in promoting the protection of children,
Portugal was at the forefront during the deployment of the
system Republican. In 1911 it was approved the Child
Protection Act, means century before the Declaration of the
Rights of the Child, and Portugal proceeded to create the
so-called "right of minors" and juvenile courts. The
Republican leaders defended targets
of a social nature, which, according to Professor. Dr.
Carlos Alberto Poiares,
had a Masonic influence matrix, "in fact, the promotion
interests of the children has always been a practice of
Freemasonry and those who made the October 5, as evidenced
by the high number of supporting organizations that operated
in the field, with the brand Gremio Lusitano of the workers
- the lactation centre, homes for disadvantaged children,
schools, municipal offices and boarding. "
Portuguese law considers that the child or young person is
in danger when you are in the following situations:
- Is abandoned or left to live itself.
- S ofre abuse psychologically or physically or sexually
abused is.
- N will receive the appropriate care or affection to their
age and
personal situation.
- It is required to work activity or excessive or
inappropriate to his age, dignity and personal situation or
harmful to their training or development.
- It is subject, directly or indirectly, to behaviours that
seriously affect your safety or your emotional balance.
- Assumes behaviour or engages in activities or consumption
severely affecting their health, safety, training, education
or development, without parents, the representative who has
legal or de facto custody opposes adequately the situations
described.
The purpose of that law is "the promotion and protection of
rights children and young people in danger in order to
ensure their well-being and comprehensive development. "
However, although we have evolved dramatically in terms of
legislation, as shown in the articles cited above, the
Portuguese law continues to display serious shortcomings.
One of the most important relates to with the fact that the
law speaks in children and young people, but does not define
child or young person to move within only 18 as the age
limit for regulatory intervention.
This question is not insignificant. Attention is drawn the
police response the disappearance of a real one human being.
Age weighs in this reaction, since, if a child up to 12
years, the police response is usually more timely. On the
contrary, with advancing age, which makes the child more
autonomous, the reaction police becomes longer, with
negative effects. The authorities police assume often that
the older child will voluntarily disappeared, which
constitutes a serious error of assessment and
compromise the investigation of the case, and responsible
for the disappearance to continue to act blurring others.
As an example of what we say here two cases of relief that
occurred in Portugal.
The first has to in Santa Comba Dao, a city of Beira. In
June 2006, it was found two children of 16 and 17 and a 18
year old, who disappeared between May 24, 2005 and 8 May
2006, had been killed by a sexual predator, a former
out the National Guard (GNR).
Despite the success of research, the author of the discovery
of the crimes and recovery of bodies, this is another case
demonstrating the laxity with which it is most investigated
disappearances people and children in particular.
Isabel Isidro, the first victim, disappeared on 24 May 2005.
At the time of King resided in Cabecinha near Santa Comba
They, in a family environment unstable, with two brothers of
24 and 29 years.
I had dropped out and worked in a restaurant in the village.
The child would have a debt of EUR 25 for the murderer, and
lent itself to have sex with him, threatening him, then,
that the report would the police for having violated. Given
that legitimate threat, the cable GNR worried to defend her
image to the community where he lived, that is, their social
status has prevailed over the life of a human being.
The corpse was recovered Isidoro Isabel Figueira da beach
Foz, May 31, 2005. Although the investigation of his murder,
would only be identified after the triple homicide to be
clarified by that at the time was buried in the plot in
Figueira da Foz for the unidentified dead. Only in July
2006, the body Isabel Isidro was exhumed, and then
transported to Santa Comba Dao, where the family could make
your funeral.
The parents of the child and family thought they would have
gone to France,
to be with her boyfriend, where it had already moved on
another occasion
without warning, and did not notify the police of his
disappearance, but neither have confirmed their stay in
France after 24 In May 2005.
About six months later, on 15 October 2005, family Mariana
Lawrence resident Catraia in uncles house near Little head
of the King in Santa Comba Dao, notified the local GNR their
disappearance. The local police did nothing, having been
excused the argue that the young family "was a good student,
a girl very beautiful and very private. Never would
disappear without telling where. It was the shape of it. "
In fact the young man had a stable life, organized and
projects for the future that has not had to flee.
Proof of this is that attending higher education, having
just been enrolled in the School of Accounting Technology
and Management of Oliveira do Hospital.
The disappearance of the young, 14 October 2005 it was
reported the day after the local police, but three weeks
passed without none of the family be asked by the police.
In December 2005 the relatives of the missing young man
requested the intervention of the Police Judiciary, upon
request made to the prosecutor.
After contact with the prosecutors, the family of the young
missing were interviewed by the local police: "After those
three weeks after the day he was last seen when he finally
been heard, it seemed that the GN'R did not believe in us.
They said we were not told all we knew. "
After the discovery of the triple murder and unravel the
mystery the disappearance of the victims and when the police
action was being widely questioned, an official GNR came to
say: "As is normal these situations, the GNR took immediate
action and the case was communicated to all police forces
[...] every day the family went to position to ask
questions. It turned
a deadlock situation, where no data were available. And
then, exhausted the resources of the GNR, the Judicial
Police took over the case. "
Stop the narrative of events, to comment the words of a
responsible officer of the GNR, a local police, the other is
PSP, involved in cases of missing persons: the procedure
known as' normal in these situations "is to take" immediate
action "(Not specified), and the case is" communicated to
all forces
police ". The family "can go to the clinic to ask
questions", which is not worth the pity, because only when
you reach a "stalemate" in which "There is no
data and exhausted the means of GNR" is that the Judicial
Police takes over the case.
Lawrence Mariana's body was found in the river Mondego, in
Penacova zone: one part to 1 June 2006 (before the arrest
the slayer) and the legs 28 of the same month (after the
arrest of murderer). The dismemberment of the body will have
occurred by the shock in some natural obstacles and passing
through some of the river dams.
The May 8, 2006, Joana Oliveira, 16, the youngest of three
murder victims, also resident in Cabecinha the King,
disappeared while returning on foot to his home, having gone
to school and deposit a check at a bank branch in Santa
Comba
They, in a journey that would take 15 minutes. The missing
child lived with their parents and two older brothers. He
attended 11. th year in high school in Santa Comba Dao and
was described by parents as abiding, peaceful and without
known dating, because as he said were the first studies.
Mariana's uncle Lawrence went on to say that Joan's death
Oliveira could have been avoided if the Judicial Police had
been notified shortly after the disappearance of the niece
occurred on 14
October 2005 and not only in December 2005 and his
insistence.
We do not know if he could have been prevented the death of
Joan Oliveira, but need to know what the Judicial Police
made between notification Mariana Lawrence's disappearance,
which occurred in December 2005, and the disappearance of
Joana Oliveira, May 8, 2006. In fact, five months without
tangible results and that culminated in his tragic death.
Perhaps only one knows what really happened when the parents
of Joan Oliveira sue the Portuguese state.
According to press reports, some of the Judicial Police
investigators have
come to suggest that the disappearance of Mariana Lawrence
does not
been intensively investigated for evidence of crime have
emerged.
With the disappearance of Joana Oliveira, gave the Judicial
Police then start an intensive and comprehensive research,
certainly motivated by two factors. The first relates to
with the coincidence of having two disappearances occurred
in the same area. The second has to do with the fact that
the final disappearance of a child is 16 years, since the
younger children are more one believes that the
disappearance is not voluntary. Will also heavily in the
decision fact, the June 1, 2006, part of the body of a woman
was found in the river Mondego, a few miles from Santa Comba
Dao.
Notice the disappearance of this child to the Judiciary
Police not have been immediate or timely, for what was said
by his mother, whose understand words left a sense of
outrage by the way local police handled the case: "When I
went to put a guard suggested my daughter gone to have sex
with her boyfriend. " Joana Oliveira's body was found June
24, also the river Mondego, in Aguieira Dam.
Antonio Costa, 53, out the National Guard in reserve since
April 2005, residing in Cabecinha King, Santa Comba
They was nearby and knew the victim since childhood, having
maintained
an almost daily contact with their families before and after
the crimes.
He wore an immaculate career, coming to be part GNR team
responsible for the Safe School program in Santa Comba Dao,
whose main function is to care for school-age children.
Although appearing to be above all suspicion and its
apparent behavior of a good man, the author has denounced
the crimes your sexual desire for the victims, before the
practice of crimes, signals that were not understood. The
mother of Joana Oliveira said at trial: "In a very hot day,
Joanna told me that
The Toi [nickname of former corporal] gave him a bath hose,
and it
cousin Claudia. I did not like the joke. "Two months before
the disappearance
the child, the criminal have it it was called when school to
give an opinion about your garden: "I told Joan that task it
was to his wife and not for her, "her mother assured.
Antonio Costa will also claimed to own that child's mother
this was "a very beautiful daughter." Signs of a personal
interest in victims who were not perceived as dangerous in
the face of good reputation neighbour's criminal.
The perpetrator was married and father of two children, an
emigrant in Luxembourg also military and other GNR. A
householder and former police above suspicion, that even
after going to the reserve GNR participating in community
life, belonged to the House of Benfica Santa Comba Dao and
was elected to the Board of Town lists of the Social
Democratic Party.
Very religious man, never missed Sunday Mass, and made
pilgrimages to the Shrine Our Lady of Fatima, and had
photographs of the home Pope John Paul II, so it would not
be surprised if one day it would knowing that he had
confessed his crimes, or part thereof, a priest, secret of
confession.
Had access to the victims and give them the confidence to
ride in your car on the pretext of the drive to their homes.
After putting in your action plan and came to the top of
their wish to sexual predator.
He tried to sexually assault the victims, in one case it was
able to pretext of an alleged monetary debt, and then killed
them by mechanical asphyxia by strangulation method,
throwing the bodies the river with wooden beams in order to
sink them.
He began by depositing the bodies away from the site of the
kidnapping and the residence of the victims. The first
victim's body has been deposited in
mouth of the river Mondego, near Figueira da Foz, miles from
Santa Comba Dao, where the criminal owned a home. The bodies
of two latest victims were deposited near Santa Comba Dao,
in Aguieira Dam. This change of place of deposit may be
related to the fact that already have knowledge of the
discovery of the corpse the first victim, the newspapers, or
because they offered resistance at the time of attempted
sexual assault near the place of disappearance.
Days before his arrest, which took place on June 24, the
predator came Joan Oliveira asked by one of the family and
when this is the same again, and crept to the researchers to
help in investigations and ex-cop, neighbour of the victims
and knowledgeable way, even giving possible clues to solve
the case.
Investigators managed to locate a shed near the sexual
predator's house, where Mariana Oliveira Lawrence and Joan
were dead, which was prosecuted as a crime scene, and where
should it be found a twisted stem glasses of one of the
victims, which eventually lead to the discovery of the
murderer
This shed, according to the researchers, have two virtues:
"It was extremely easy to attract victims to that place and
facilitated the removal of corpses. " The issue that was put
to the researchers: "how dare anyone commit a crime at the
doorstep of a GNR? Who had the conditions ideal to commit
the crime was the defendant. "
When questioned, the criminal said sites and how committed
the crimes, revealing to be aware of their actions.
The author has done crimes motivated by sexual gratification
and the desire to preserve its social, religious man and
respected in your community.
After the false arrest tried to throw suspicion on one's
uncle Young Mariana Lawrence, accusing him of the crimes,
with the Trial Court determined: "He tried to push the
responsibility of their actions and, most shocking, that
these acts come under the third party liability [...] the
Court understands that the defendants want to shake the
water from the coat, but not wanting to understand wet
someone with the same water. "
The July 31, 2007 was sentenced to 25 years in prison, limit
maximum imprisonment in Portugal, by the practice of two
crimes degree murder, a simple murder, two of concealment
cadaver, the desecration of a corpse, two of sexual coercion
and an attempted aggravated slander complaint.
His arrest, by the Judicial Police in June 2006, caused a
"shock wave" and feelings of anger among the local
population, disbelief by the alleged atrocities attributed
to the ex-GNR.
The Judicial Police have begun investigating the possibility
of author of the triple homicide have committed violent
crimes in places where served, Lousa Penacova, Mangualde and
Lisbon, before it was placed in Santa Comba Dao, for
thinking that psychopaths usually start killing soon. So far
there is no other news killings by former cable GNR, prior
to the date of its passage the reserve in April 2005. The
age and the fact that to make sense out of the hierarchy GNR,
his yoke and disciplinary power, may have triggered feelings
of sexual predator just asleep at the time.
The writer Manuel Ramos da Silva wrote the novel
fictionalized The Underwater Bridge, which "is based on the
failure occurred that rocked the city last year "(2006),
and, as the author says in his work, is a memorial and has
"the incredible story of a man who destroyed the lives of
three promising young full of dreams, dragging on the same
stroke the city of his birth .... "
A few years later, in 2010, in the locality of the in-laws,Lourinha
near a village called in the west of Portugal, was another
tragedy, whose size could have been reduced if the police
had acted in time.
Again, only after being notified of the disappearance of a
child of 16 years is that the Judicial Police were called to
intervene and even belatedly began an intense and
comprehensive research in the area of residence of the
missing.
This investigation led to the identification, location and
arrest, July 20, 2010, the alleged responsible for the
disappearance the child, there are strong indications that
it will have been dying the hands of the alleged criminal.
The alleged perpetrator of the crime, Francisco Leitao, 43,
resided
in Broom, Lourinha, near the homes of victims, sister
company and nephews, 3 and 6 years. Has acted motivated
because the child is an obstacle in homosexual he wanted to
keep up with her boyfriend.
Investigations to settle two other cases of disappearances
in the area, which, with no apparent cause that justified,
unlikely to be reported to the Judicial Police, or target a
police investigation, the Tanya Ramos, 28, missing and
presumably dead June 5, 2008, and her boyfriend Ivo Delgado,
22, also presumed dead after 21 days the girlfriend, June
26, 2008, crimes that have been motivated jealousy and
feelings of betrayal because of the alleged author of the
crime, Francisco Leitao, have been replaced by Tania, ending
the hopes of maintaining that homosexual keep the victim Ivo
Delgado, in the style that "there are my, you're not no one
else. "
Seeing is exchanged by women, suspected to have it
vengeance, killing them
and hiding the three bodies, which to date have not been
found.
The suspect is in custody to await further terms of
prosecution and trial, given the strong evidence collected
the investigation. A key is that found in possession of
suspected victims of the three mobile phones, through which,
allegedly, posed as them, sending messages saying that were
well and had decided to go abroad. In 2002, Ivo the suspect
and the victim, then 17, met at
and lived together. The homosexual relationship will
slipping in domestic violence. In 2007, the young man knew
the victim Tania Ramos, fell in love for her and put an end
to homosexual and violent he had with the suspect.
Corroded by jealousy, feelings of betrayal and revenge, have
decided to kill the two, generating a plan, facilitated by
knowledge and confidence of the victims who deposited it in
order to lure their victims to secluded places, kill them
and hide the corpses.
The deaths of Ivo Delgado and children 16 years were only
possible because of the way in our country are covered
disappearances.
When a concerned adult, as was the case of Tania Ramos, 28,
the presumption of voluntary disappearance overlaps to any
suspicion, any detail
that does not fit in the veracity of the story.
Tania Ramos had disappeared on June 5, 2008, leaving behind
a daughter of 10 years, who never turned away.
Family friends and acquaintances believed he had abandoned
the child and never communicate. The mother notified the
police of the disappearance,
six days later, on June 11, 2008, but no relevant have been
made in an attempt to locate and establish a strong voice
and in person if their absence was in fact voluntary,
despite the messages received on your phone. Had she
proceeded with the phone operator, ordering the same
location, to see that something was wrong.
Then her boyfriend disappeared Ivo Delgado and this fact did
not become a stranger to the family or the local police.
Were received Phone messages for the family to say that Ivo
had gone to the stranger. At the same time, the suspect was
with families to show their solidarity and be a vehicle of
information, false, among the missing and their families.
The suspected to have it appropriate the vehicle disappeared
with Ivo and circulated it as his own.
And none of this, nothing of any of these small and large
details served to raise suspicions of local police. This was
only possible by ineptitude of a state that has never been
able to create and implement the correct approach of any
missing persons, children or adults.
The chance of the suspect, Francisco Leitao, was to have
relied on ineffectiveness local police and the perfection of
its modus operandi, and ignored in the case of a child 16
years of the forces there other police and magistrates
sensitivity, which in conjunction with the persistence of
family members who want to know the whereabouts of their
children, making use of their rights, it changes the whole
scenario.
With the disappearance of the child Joana Correia, 16, and
notification of his disappearance to the Judicial Police,
the destination the suspect was traced. Is that the case got
into the hands of researchers experienced in investigating
disappearances and abductions, targeting by a professional
police with a heightened sensitivity and namely, Luis Neves,
Deputy Director Judicial Police, in Unity National Counter
Terrorism, which has marked the investigations running on
your department with a high rate of success. Studies made in
the Judicial Police, within the sociology of organizations,
concluded that the work and success of its departments
depend more on the person heading it rather than organic
standards and structural, and that person creates the
dynamics of functioning and motivates the investigators.
Along this head are some of the men and women who worked
hard in several cases of abduction or mysterious
disappearances, usually a difficult investigation because of
its complexity, these professionals have acquired a large
police and fruitful experience and in 2007 participated in
the investigation of mysterious disappearance of Madeleine
McCann.
This experience of cases helps them to overcome the lack of
forward planning, setbacks notification of a late and often
the lack of a corpse to examine, through a methodical work
of collecting and analyzing of circumstantial evidence,
focusing on the behaviour of suspects in the contradictions
their evidence and inconsistencies in material evidence
and witnesses, reconstructing the events across all details
of the case in light of police logic.
On March 3, 2010, Joana Correia, already with some
independence left home in the Cunhados The near Lourinha,
saying his mother he was going home from a friend and the
friend said he would have come out with her boyfriend. Joan
had left school when he attended the 8. And had years of
uncertainty about the future. Before the disappearance, the
child was seen with her boyfriend and an older man (the
suspect) described by friends of the victim as "weird."
Joana Correia have been killed between afternoon and evening
of March 3, 2010, after being lured to a meeting, and his
body was deposited
in a not yet determined. Then the suspect has a simulated
false voluntary disappearance, went to visit her parents in
children, showing concern, while messages Joan's phone was
being received by the family to create the idea that she was
working in France.
The suspect has a history of suspicion of the police
practice of several crimes, including child sexual abuse,
sexual acts with teenagers, arson, and tax crimes related to
automobiles.
Divorced, lived in a house into a castle, with walls and
battlements, and sexually feel it attracted to young male
between 17 and 18. It is considered a narcissistic person
and at least eccentric and bizarre. He liked to call himself
the king Gnomes and Elves, King Ghoba, a clear reference to
Entourage
children and young people with whom he lived. Claiming to be
possessed of powers supernatural, dominated the new
technologies and sharing site
YouTube videos from the Internet announced a destructive
earthquake of Portugal to take place in August 2010 and the
end of the world for 2012.
This eccentricity has been found that the way to relate with
children and young people, dominate their minds and create
upward on them, the style of the Magic Flute.
Your taste for new technologies has not been accompanied by
a high technical knowledge because you have left a huge
trail of evidence with the use of mobile phones and card
carriers membership of the victims, after they are given as
unaccounted for.
Researchers, when carrying out an intense and comprehensive
investigation into the disappearance of Joana Correia, could
discover and unravel the mysterious disappearance two
followed by homicide occurred in the area.
Searches were conducted in the suspect's home and at various
locations
where to find suspected buried the bodies of the victims.
Proceeded the wiretapping records and were asked to
different operators for satellite signal triangulation of
phones of the alleged victims, the usual procedure in such
of investigations.
The car and the suspect's residence as the scene was
processed
of crime. The search for bodies of the victims stopped for
extended
and painful months by the Directorate of Judicial Police
fear the media attention occurred when the disappearance of
Madeleine McCann,
which is incomprehensible to us when it comes to grant to
victims a dignified burial, so that their families can do
mourning necessary.
The history of disappearances and has triple homicide
similarities with the triple murder and disappearances
occurred in Santa Comba Dao, between 2005 and 2006. In both
cases the suspects knew the victims 'missing' and showed
solidarity with their families, the local police was dead,
the investigation were not intense and comprehensive when
the police was notified the disappearance of a child under
16 in both cases called Joanna, a mere sad coincidence. In
both cases, researchers may have been reminded of that child
7 years, which in September 2004 in the town of Figueira in
Portimao, was brutally murdered at the hands of the mother
and uncle, which
then simulated an abduction, and that by accident of fate is
Joan called.
This apparent need for a special age to be considered child
has a negative impact on our legal system.
In view of the Portuguese civil law, majority is attained at
18.
At 16 years, with compulsory education met, the child may
work and, at the same age, due to the criminal law, is the
smallest to be held criminally responsible, there are
special arrangements for young offenders.
Furthermore, it was shocking incongruity that existed in our
Code Over the age of criminal liability, which is up to the
last revision considered that a less than 14 years had the
capacity to consent and that such consent would be less
effective if he possessed the insight needed to assess its
meaning and scope. Consent which was a cause for precluding
the wrongfulness of the crime.
After the latest revision of criminal law, the age of
consent effective became 16 years old.
Seems to be the most shocking results of that definition of
crimes sexual. In the Portuguese Penal Code it is considered
child under the 14 years as it reaches the title of the
crime that punishes sexual abuse of children in conflict
with the crime of sexual abuse of minors dependent (14 to 18
years) and sexual abuse of teenagers (14 to 16 years). All
these crimes are crimes against section sexual
self-determination. At first just the practice of crime act
sexual relief with a person under 14 years (child) to crime
occur. In sexual abuse of adolescent abuse is still needed
the inexperience of a teenager.
We well know that, by law, the teenager is the smallest
between 14 and 16 years, and that is only until this age
that there inexperience and limitations for sexual
self-determination, at least as respect to any sexual act.
It follows that from the age of 16, the minor is criminally
responsible, the consent is effective and is capable of
self-determination sexually.
We think that one thing is really criminal, the other is the
maturity, experience and ability to self-determination of a
human being.
Thus, this attempt to enforce the concept of the child, we
prefer defined in the Convention on Action against
Trafficking in Human Beings of the Council of Europe, Warsaw
the May 16, 2005, which identifies "child" as "any person
under the age of 18 years. "
This definition is consistent with that contained in the
Convention on Rights of the Child adopted by the UN General
Assembly Nations on November 20, 1989, and ratified by
Portugal on September 21, 1990, where in Article 1. º
specifies that, for the purposes of the Convention, a child
means every human being below the age of 18, unless, under
the law applicable to him, coming of age earlier.
Not only is the body of the Portuguese law relating to the
protection children presenting serious problems. In fact,
the model intervention designed to protect children affected
by looks major flaws, particularly because it ensures
sometimes appropriate preventive intervention and does not
eliminate the possibility of incorrect assessments of danger
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