CRC/C/83/D/48/2018
1.3
On 3 September 2019, in accordance with article 6 of the Optional Protocol, the
Working Group on Communications, acting on behalf of the Committee, reiterated its
decision not to request the State party to adopt interim measures, as the author had not
provided any additional information to suggest that his children risked suffering irreparable
harm.
1.4
On 8 October 2019, in accordance with article 9 of the Optional Protocol, the
Working Group on Communications, acting on behalf of the Committee, decided to reject
the author’s request to initiate a friendly settlement procedure.
1.5
On 3 December 2019, in accordance with article 6 of the Optional Protocol, the
Working Group on Communications, acting on behalf of the Committee, reiterated its
decision not to request the State party to adopt interim measures, as the author had not
provided any additional information to suggest that his children risked suffering irreparable
harm.
The facts as submitted by the author
2.1
The author married a Panamanian woman; they decided to reside in Benin, the
author’s country of origin. Three children were born of the marriage: F.F., T.F., and E.F.
On 20 July 2015, with the father’s consent, the children travelled with their mother to
Panama with the intention of returning to Benin on 12 September 2015. However, the
children and their mother never returned.
2.2
On 22 December 2015, the office of the International Criminal Police Organization
(INTERPOL) in Benin requested assistance from the office of INTERPOL in Panama,
which, on 2 February 2016, replied with information that the mother and the three children
were undergoing medical and psychological treatment.
2.3
On an unspecified date, the author filed an appeal with the Court of First Instance of
Cotonou, Benin. In a judgment dated 20 April 2016, the Court ordered that the children be
repatriated to their family home in Benin and that the father be granted exclusive custody
until the mother chose to return.
2.4
On 20 May 2016, the Beninese Embassy in Cuba contacted the Panamanian
Embassy in Cuba to request cooperation in the repatriation of the children but received no
reply.
2.5
On 23 September 2016, the author submitted a request for the recognition and
enforcement of a foreign judgment to the Supreme Court of Justice of Panama. According
to the author, the Court contacted the Panamanian Ministry of Foreign Affairs. On 29
September 2016, the author’s lawyer met with a Ministry official and was reportedly told
that an official letter from Benin would be required if the repatriation of the children were
to proceed.
2.6
Accordingly, on 3 November 2016, the Ministry of Foreign Affairs and Cooperation
of Benin forwarded to the Ministry of Foreign Affairs of Panama the judgment of 20 April
2016, requested its assistance in the repatriation of the children and designated the Beninese
Embassy in Cuba as its intermediary with the Panamanian authorities for the operational
aspects of the repatriation.
2.7
On 9 November 2016, the Ministry of Foreign Affairs of Panama replied to the
Beninese authorities pointing out that Benin was not a party to the Hague Convention on
the Civil Aspects of International Child Abduction and had not concluded any bilateral
agreements with Panama to combat the illicit transfer of children.
2.8
On 29 December 2016, 11 July 2017 and 18 April 2018, the Ministry of Foreign
Affairs and Cooperation of Benin reiterated its request to the Panamanian authorities.
Complaints made by the mother of the children against the author
2.9
On 30 December 2015, “with the complicity of officials of the Public Prosecution
Service” of Panama, the mother of the children filed a criminal complaint against the author
for domestic violence and child abuse. The case was closed on 8 June 2017.
2
GE.20-03098