TrustHLT/LaCour huggingface dataset:
AP3 (Applicant): Following a far-too specialized assessment, including child and neuropsychiatrics, a further expert opinion was prepared by the professor Sergio Kimens, the director of the Department of Child and Neuropsychiatry of local health authority of an independent region of Italy.
AP3 (Applicant): Subsequently, the comprehensive documentary and their results were evaluated by a panel of five Italian judges.
AP3 (Applicant): The president is one of the best magistrate experts in this kind of cases, in this very delicate field.
AP3 (Applicant): There was no doubt by any about the children mentioned on the atrocity they had to suffer at the orphanage.
AP3 (Applicant): The psychologists, Rose Galante and Sara Bach, are here near me and they are at disposal of the course.
AP3 (Applicant): They could be interrogated about the children, about the terrible truth that they referred and that now have in their lacerated minds, about the terrible shenery that is in the house of the children, the parents, insecurity, anxiety, fear, scare, anger, distress, nightmares, fire of emotions, ever burning at home of the victim and obviously also of their parents.
AP3 (Applicant): We have also other elements.
AP3 (Applicant): The behavior that Bulgaria State has held and is holding about this case is another element that you have to consider at the most the responsibility about which I speak.
AP3 (Applicant): Bulgaria State didn't protect Bulgarian orphans, did not do anything to punish the delinquents, manipulates, mystifies and hides the facts.
AP3 (Applicant): Only who wants to cover responsibility can ignore the evidence as the parents reports, for example, Archivites.
AP3 (Applicant): The State's movies with delay and insufficiency only after the publication of a journalist investigation and against the investigation as if it were an offense to the national honor and not a reason to indicate and to punish the criminals.
AP3 (Applicant): Bulgaria State investigated and asking the corporates to report regarding their very serious responsibility.
AP3 (Applicant): And then it quickly closed the investigation, ignoring and hiding the tragedy.
AP3 (Applicant): The versions provided by the Bulgarian authority are inconsistent, contradictory and misleading.
AP3 (Applicant): However, while denying the facts, the Bulgarian bodies ended up by admitting them.
AP3 (Applicant): At times, haven't explicitly and clearly.
AP3 (Applicant): During a journalist interview published by the Bulgarian press, the orphanage director admitted that many children had reported to her regarding the abuses suffered in the orphanage, asking for help.
AP3 (Applicant): But she said that it had been a collective hallucination.
AP3 (Applicant): It's incredible.
AP3 (Applicant): A few months ago, this interview disappeared from the website of the Bulgarian newspaper, Borba, that published it.
AP3 (Applicant): Now the Bulgarian government, shamelessly, haven't gone so far as to support the non-existence of the interview.
AP3 (Applicant): But it forgets that we produced it many times, also to the attention of the court, of course, and that it's still possible to view this section in another possibility, in another media.
AP3 (Applicant): It's now possible to see this interview.
AP3 (Applicant): Bulgaria forgot to transmit the documentation received from Italy, Italy has requested this interview.
AP3 (Applicant): And Bulgaria not remember to forward several of the documents that the Italian court asked to it, including the decree of juvenile court of the May 2014, about which I spoke before.
AP3 (Applicant): Many misrepresentations were asserted in an attempt to mask the clear reality.
AP3 (Applicant): Many of the children, if not all, had asked for help, reporting the dramatic abuses suffered to the director, the psychologist, and the social worker.
AP3 (Applicant): However, they received no help.
AP3 (Applicant): Quite the contrary, the children were further punished and let under their abusers who haven't handled their wicked behavior.
AP3 (Applicant): A version of the facts very different from that admitted by the director was subsequently entered in the institution's records.
AP3 (Applicant): Disappeared also the thesis of collective hallucinations.
AP3 (Applicant): On January 2013, we had a very interesting reflection about this case from lawyer Markoski, good Bulgarian lawyer Markoski.
AP3 (Applicant): He wrote in a media, 24 Chasabiji, every civilized country treats the elderly, the sick, and the children with care.
AP3 (Applicant): Bulgaria is not a civilized country.
AP3 (Applicant): The action of the government, the state agency, and Bulgarian judicial authority is a slap in the face of many innocent victims and brings serious dishonor on the Bulgarian people.
AP3 (Applicant): The government declares that the assistance of the abusers was not proven because there are not medical certificates attesting the physical consequence of the abuses suffered.
AP3 (Applicant): The scientific literature demonstrates that the most case, the body of children who suffered acts of violence and humiliation does not remain diminished forever.
AP3 (Applicant): And not all the abusers can provocate on the body some consequence, but on the mind and on the soul, ever.
AP3 (Applicant): And the men and the children should undergo humiliation and even painful visits in order to bring a scar permanently impressed on the body as evidence is an involvement, insensitive, and immature attitude.
AP3 (Applicant): Civil culture studied and scientific research show that physical examination are irrelevant, are dangerous.
AP3 (Applicant): Recently, are dangerous for the mind of the victims, of course.
AP3 (Applicant): Recently, Bulgarian statement tied also to transform the psychological profiles of the climbing minors.
AP3 (Applicant): Now they are quite different from those described in the children's file that were given to the climbing parents at time of adoption.
AP3 (Applicant): At that time, their balance was declared perfect.
AP3 (Applicant): Now the opposite.
AP3 (Applicant): From the children reports and from other elements mentioned, it emerged that the tortures they suffered did not take place in exceptional or large circumstance.
AP3 (Applicant): Moreover, they were in a system, in an organized system.
AP3 (Applicant): We clearly substantiate and have seen the existence of tortures that occurred within a tragic and organized system in broad daylight, perpetrated with full freedom and access for the torturers to instigate their heinous schemes both inside and outside the orphanage.
AP3 (Applicant): The children were transported by unscrupulous criminals who acted unfettered and undisturbed within a well-organized contest.
AP3 (Applicant): We told so help of the technological and cinematographic equipment and provide a criminal market of pornographic products, specifically market for pedophiles.
AP3 (Applicant): What did Bulgaria and its institutions do while all this was happening?
AP3 (Applicant): Everyone knows that children need to be protected and supervised.
AP3 (Applicant): It's a natural law.
AP3 (Applicant): Before legal law, also animals protect and supervise their little ones.
AP3 (Applicant): The court asked very appropriately if Bulgaria's follow the rules indicated in the International Convention on Rights of Child of 20 November, 1999 and in the Lanzarote Convention.
AP3 (Applicant): There are many, many and evident violations.
AP3 (Applicant): Violated is the principle established by International Convention of Child of 20 November, 1999.
AP3 (Applicant): The principle of no discrimination, the principle of the best interest of the child, Sanctioned by Section 3.
AP3 (Applicant): The best interest of the child shall be considered the first.
AP3 (Applicant): Bulgaria didn't write to law of survival and development provided for the Section 6.
AP3 (Applicant): Bulgaria didn't.
AP3 (Applicant): Violated the principle establishing the duty to heard the opinions of the child provided in the Section 12.
AP3 (Applicant): Bulgaria disregarded the letter also of Lanzarote Convention of the many principles and sections I must run.
AP3 (Applicant): But we can read the memory that we offered also for this area.
AP3 (Applicant): Violated is Section Number 5 of the Convention that prescribes a system for selecting and check the personnel to work with minors.
AP3 (Applicant): Very serious violation of Section 12 that provides Missouri's necessary to encourage any persons who want to denounce.
AP3 (Applicant): But Bulgaria didn't want any denounce.
AP3 (Applicant): This is the terrible truth.
AP3 (Applicant): The Lanzarote Convention defines sexual exploitation, abuse in the section from 18 to 23.
AP3 (Applicant): The contents of these sections demonstrate that it's not necessary to make any physical visit to clarify and declare if abuse were done.
AP3 (Applicant): Section 30 of the Conventions provide effective investigation and prosecution for the crime in accordance with this Convention.
AP3 (Applicant): The alleged investigation and prosecution are proven anteriorly fictitious.
AP3 (Applicant): No intelligence or infiltration operations.
AP3 (Applicant): The State Agency and the Polish Trample's Police inquired in accordance with orphanage operators, the alleged offenders.
AP3 (Applicant): That is how very abuses and they are complaints regarding the abuse.
AP3 (Applicant): They examined the documentation prepared from the orphanage operators.
AP3 (Applicant): The Bulgarian expert, Stefan Nastojanov, says only an incompetent persons or an accomplice can act in this way.
AP3 (Applicant): But the result is the same.
AP3 (Applicant): Bulgaria prevented the policeman contacted by Fabrizio Gatti from continuing the investigative activity that he had previously.
AP3 (Applicant): Violated are the general protection miseries of the section 31 of the Conventions.
AP3 (Applicant): Bulgaria did not inform the victims of the follow-up of their complaints, did not allow the victims, namely the parents and inclined children.
AP3 (Applicant): We have a violation of point E in this particular series.
AP3 (Applicant): Bulgarian authorities revealed the personal identity and other sensitive data of the victims and of complainants, giving to the media, which resulted in a wide dissemination of information.
AP3 (Applicant): We wrote about Bulgaria, indicated about and says that the public case implicate this possibility and there is not, that is not permitted.
AP3 (Applicant): But Lanzarote Convention is clear about and Bulgaria violated also about this profile.
AP3 (Applicant): Bulgaria state was the author of several retaliatory.
AP3 (Applicant): Lanzarote Convention provide a lot of measures from many risk of retaliations.
AP3 (Applicant): Bulgaria didn't provide anything but was the actor of retaliation.
AP3 (Applicant): It asked for the parents, the minors, to be declared not able to have their children.
AP3 (Applicant): It was a retaliation, terrible retaliation.
AP3 (Applicant): I must remind the act, times run away.
AP3 (Applicant): I want to remember that also section 34 that prescribe a special side of the police department was violated.
AP3 (Applicant): Section 35 about the evidence of minors, Italian authority judge followed this section, Bulgarian, nothing.
AP3 (Applicant): It violated.
AP3 (Applicant): But I want to reiterate that obligation to protect children and their lives is a natural law and obvious prerequisite in work of any legal system.
AP3 (Applicant): Generally this task is performed by parents.
AP3 (Applicant): Climbing parents do carry out with great love and efficiency and I want to say them here now today, publicly.
AP3 (Applicant): At the same time I want to declare that it's really despicable the behavior of those who attempted to question their parents' skill.
AP3 (Applicant): Whenever the parents are missing and waiting for the goal of adoption, they state as responsibility to act as mother and father.
AP3 (Applicant): In the very early life, the children were deprived of parental care and the Bulgarian state was therefore required to take their parents' place.
AP3 (Applicant): The fences were guests of orphanage which is a public institution of Bulgarian state.
AP3 (Applicant): They had no protection.
AP3 (Applicant): Bulgaria didn't protect their childhood, their safety, and the most intimate values of their lives.
AP3 (Applicant): They have pointed and denounced with clarity that the children were left at mercy of a predatory criminal gang that had no qualms about stockpiling children to subject them to horrible tortures.
AP3 (Applicant): Can a state let a criminal organization acquire its orphans to torture her?
AP3 (Applicant): Obviously not.
AP3 (Applicant): Not it's necessary to wonder whether this happened by will or fault, in any case, Bulgaria is responsible.
AP3 (Applicant): Responsibility has grown in the investigation and prosecution faced with the mystification and the retaliations I mentioned before, and nobody was punished.
AP3 (Applicant): Criminals may feel free to act again.
AP3 (Applicant): Any responsible dupe remains recluded.
AP3 (Applicant): Now I must refer to what I wrote about the possibility of the parents, it's obvious I think that the damage goes on the parents too.
AP3 (Applicant): I don't remember, and please forgive me, any definite providement that excludes the parents from this case.
AP3 (Applicant): I have here a providement that admits the case and all five claimants.
AP3 (Applicant): We wrote about and we hope to clarify that the parents are yet applicants in this case, and I must refer to what I wrote because I have to conclude and I know.
AP3 (Applicant): In concluding, I see that violated are of course section number three that doesn't permit torture and inhumane treatment, and number four of the conventions.
AP3 (Applicant): Also about them I remind also of the act.
AP3 (Applicant): What about the compensations?
AP3 (Applicant): There is no price for the values we are speaking about.
AP3 (Applicant): Every compensation will not give back to the claimants their life, the first time of their lives, the childhood, the happy age, the age of the games, the serenity that they have tried to have.
AP3 (Applicant): Today fight is offering us the great opportunity to contribute to a good cause and to deal a heavy blow to heaven.
AP3 (Applicant): Let us not miss this opportunity.
Linos-Alexandre Sicilianos (JudgeP): Merci beaucoup. La parole est à Madame Nikolova.
GR1 (Government): on behalf of the Bulgarian government, in my pleading I will address the measures taken by the national authorities to fulfill their positive, substantive, and procedural obligations in the present case.
GR1 (Government): The government submitted that in the present case, Bulgaria respected all its positive obligations arising from Articles 3 and 8 of the Convention, and took all measures which could reasonably be required or expected.
GR1 (Government): As to the requirements laid down by the UN Convention on the Rights of the Child, we refer to the last periodic report of Bulgaria published on the website of the UN Committee on the Rights of the Child.
GR1 (Government): As evident, by 2012, a number of legislative, administrative, and other measures had already been taken to prevent and tackle inhuman or degrading treatment and sexual abuse of children.
GR1 (Government): Hence, the government considered that at the material time of the present case, the head state had already fulfilled its positive obligations stemming from the UN Convention.
GR1 (Government): Concerning the Lanzarote Convention, the government emphasized that it entered into force for Bulgaria on 1st of April, 2012.
GR1 (Government): In this regard, since the applicants alleged that the sexual abuse had continued for six years before 2012, the obligations under this Convention were not applicable for the almost entire period at issue.
GR1 (Government): It should, however, be noted that the substantive and procedural measures envisaged in the Convention were implemented by Bulgaria in the period between 2009 and 2011.
GR1 (Government): As evident from the first implementation report on the Lanzarote Convention, published in 2015, Bulgaria has fulfilled all its obligations there under.
GR1 (Government): Turning to the case at hand, the government points out that the authorities reacted promptly and initiated immediate inspections concerning the alleged facts.
GR1 (Government): The first notification containing specific information was received on 14th of January, 2013.
GR1 (Government): It was addressed to the Ministry of Justice by the association Amici dei Bambini in reply to the request of the Ministry following the publications in Bulgarian media, which mentioned that the adoption was conducted through that association.
GR1 (Government): The Ministry of Justice immediately reported informally the information to the State Agency for Child Protection, which I will refer to as the agency.
GR1 (Government): On the same day, 14th of January, the agency chaired assigned an inspection at the orphanage, which was conducted in accordance with the requirements of the UN Convention.
GR1 (Government): On 28th of January, 2013, a preliminary investigation was initiated after the signal of the agency chair to the prosecutor's office.
GR1 (Government): Approximately at the same time, on 17th of January, 2013, the regional prosecutor's office Veliko Tarnovo opened a preliminary investigation, and the second inspection at the orphanage was appointed with the participation of various state institutions.
GR1 (Government): In this respect, it should be noted that the Bulgarian authorities acted with promptness and initiated two preliminary investigations on their own motion as soon as they had been apprised of the impugned facts.
GR1 (Government): So even in the absence of any formal complaint, once the matter came to the attention of the authorities, they made immediate and comprehensive efforts to elucidate the factual situation.
GR1 (Government): Hence, they acted in compliance with Articles 30 and 32 of the Lanzarote Convention.
GR1 (Government): The materials received later through the prosecutor's office of the Republic of Italy were separated in a different case file on 18th of February, 2013, and several days afterwards, transmitted to the district prosecutor's office, which opened a third preliminary investigation.
GR1 (Government): The fourth investigation was opened on 4th of April, 2014, with respect to the documents sent by the Italian Ministry of Justice.
GR1 (Government): The government emphasized that the adoptive parents never addressed a formal complaint to the Bulgarian authorities directly or through the competent Italian organs, except for the letter received in June, 2016, through the Bulgarian Ministry of Justice, challenging the investigation carried out.
GR1 (Government): It was received a year and a half after the refusal to open criminal proceedings was sent to the Italian authorities.
GR1 (Government): The Bulgarian prosecutor's office, aware of the seriousness of the allegations and the sensitive character of the case, thoroughly reviewed the case files once more.
GR1 (Government): Besides, the higher-ranking prosecutors reviewed the documentation at two more levels of internal instance control on their own motion.
GR1 (Government): The government underlined that throughout the inspections carried out, none of the applicants' allegations were corroborated, even indirectly, by the findings established.
GR1 (Government): Even so, the authorities could draw very few factual details from their statements.
GR1 (Government): All of them were meticulously and comprehensively verified.
GR1 (Government): Divergences were detected with regard to the men employed at the institution, namely that only three staff members were men, a driver, a doorkeeper, and a heating technician, and they had no access to the children.
GR1 (Government): The infants were divided into different dormitories by age, and the older ones over seven by gender.
GR1 (Government): Accordingly, the applicants occupied different dormitories.
GR1 (Government): The layout of those premises was such that the children could not go from one to another without passing through a room where there were staff members on duty.
GR1 (Government): A person named with the initials N had never worked in the institution.
GR1 (Government): According to the medical dossier, no sexually mature children of either gender inhabited the orphanage.
GR1 (Government): The only occasion on which the children attended a party outside the orphanage had been the one during the annual excursion.
GR1 (Government): The tutors supervised the entire event, and the only outside visitor was the DJ.
GR1 (Government): Notwithstanding the inconsistencies found, the authorities took all reasonable measures available to them to obtain evidence relating to the alleged offense.
GR1 (Government): A number of investigative acts were carried out in order to establish the objective truth, such as anonymous questioning of the staff and the children, interviews with the mayor and the doctor supervising the children, the psychologist, the social worker.
GR1 (Government): Persons mentioned in the testimonies of the applicants, such as the photographer and the electrician who occasionally had come to the orphanage, were required to submit statements.
GR1 (Government): Furthermore, a team of psychologists performed a crisis intervention at the orphanage from 18 to 24 of January 2013.
GR1 (Government): No dubious or alarming facts or circumstances were found evidencing that any kind of abuse of which the authorities knew or ought to have known had taken place.
GR1 (Government): The government emphasized that the interviews with the children at the orphanage were carried out by specialists in compliance with good social and psychological practices.
GR1 (Government): As evident from the information provided by the agency in enclosure one, there is an approved manual for performance of inspections following a signal drawn up in compliance with the UN Convention.
GR1 (Government): During the inspections at hand, the interviews with the children were conducted by experienced psychologists and social workers in the absence of any member of the staff.
GR1 (Government): The children were divided into small groups.
GR1 (Government): The preparatory conversations with them gradually evolved into questionings about the relations at the home, friendships, likings, and irritating behavior.
GR1 (Government): They were appropriate for the age and cognitive level of the children, sparing for their psyche, and at the same time, ensuring unambiguous answers with regard to the alleged facts and circumstances.
GR1 (Government): The interviewers observed carefully the children's reactions, levels of anxiety, calmness, et cetera.
GR1 (Government): Following the interviews, an anonymous questioner was filled in by the older children, who were able to read and write, again, in the absence of staff members.
GR1 (Government): The methods used by the agency in the present case have been applied during the past 15 years and have proved their effectiveness in the course of numerous inspections.
GR1 (Government): The account of events presented by the applicants was not corroborated during the interviews with the children, which, taken with the other gathered evidence, substantiated the inference that there were no data that any sexual abuse had taken place at the orphanage or during the annual excursions.
GR1 (Government): In view of the above and the comprehensive investigative effects of the authorities, the government point out that the positive obligation of the state to investigate the occurrence of alleged facts should not put an excessive and disproportionate burden on the authorities.
GR1 (Government): We refer to the case of Djordjevic versus Croatia and Dodos versus Bulgaria.
GR1 (Government): Indisputably, in the case at hand, the applicants' allegations served as a basis for the inspections carried out.
GR1 (Government): Nevertheless, the authority did not limit their scope strictly to the allegations made.