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SK to investigate lawfulness of children foreign adoption

December 06, 2011, 10:08 UTC+3
The Russian Investigative Committee will investigate the lawfulness of the foreign adoption procedure of Russian children
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MOSCOW, December 6 (Itar-Tass) — The Russian Investigative Committee will investigate the lawfulness of the foreign adoption procedure of Russian children, who died abroad, spokesman of the Russian Investigative Committee Vladimir Markin told Itar-Tass on Tuesday.

“The Investigative Committee intends to investigate the lawfulness of the foreign adoption procedure of Russian children, who died or were exposed to violence abroad,” he said. “If the violations of Russian public officials, who should protect the interests of children in their adoption, are found, the Investigative Committee will take the most decisive measures to bring the guilty officials to responsibility under the law,” he said.

The Investigative Committee will use the information of the Russian presidential children’s ombudsman and his envoys in the regions to find these crimes.

“Meanwhile, the Investigative Committee will give the legal assessment to the actions of officials in the relevant state agencies in the Krasnoyarsk Territory, which were involved in the adoption procedure and the transportation of Ilia Kargintsev abroad in 2005,” Markin said.

Meanwhile, the Russian Investigative Committee opened a criminal case over the murder of a Russian adopted son Ilia Kargintsev in the United States, Vladimir Markin told Itar-Tass on Tuesday.

“The main investigation department of the Investigative Committee opened a criminal case over the murder of an underage Russian citizen Isaac Jonathan Dyxtra (Ilia Kargintsev) in the US under Article 105 Part 2 of the Russian Criminal Code,” he said.

“The detectives found that from July to August 2005 in Iowa, the US, an underage Russian citizen Ilia Kargintsev, who was named as Isaac Jonathan Dyxtra after the adoption, got deliberate bodily injuries, including a head injury and cerebral oedema that caused his death,” Markin said.

According to preliminary reports, the boy died three months after the adoption. The suspected foster father Bryan Dyxtra, 35, was released on bail and was not put into custody. The US press reported recently that the Johnson County District Court in Iowa acquitted the foster father.

“So, no one was punished for the death of the Russian citizen,” the spokesman said.

“Under the criminal case Russian detectives intend to find all details of the crime and to seek all culprits in the death of the boy to be brought to justice,” he added.

“The Russian Investigative Committee confirmed again the intentions to take full measures within its powers to investigate the crimes against Russian children, which were adopted by US foster parents, and to exercise their criminal prosecution,” Markin said.

The Investigative Committee proved this position on the provisions of Russian and international law. “The foreigners, who faced trial, but were not convicted in another country, can be brought to justice under Article 12 Part 2 of the Russian Criminal Code. So, in case of the acquittal verdict abroad there are no legal obstacles for an offender, who committed the crime against Russian interests or a Russian citizen, was brought to criminal responsibility in our country,” the spokesman said.

“Moreover, eve in case of the guilty verdict, which does not meet Russian and international standards of justice, there are some grounds to seek for the triumph of law in legal ways,” he added. Markin noted that the point is the articles of the UN Convention on the Rights of the Child, which guarantee the best interest of children – Russian citizens and the complete protection of their legitimate interests.

“As for the general principle “not to punish twice for the same crime”, the international law has this provision only regarding the prosecution in a concrete country under domestic jurisdiction. The relevant provision is fixed in Article 14 Part 7 of the International Covenant on Civil and Political Rights, which Russia and the United States are signatory nations,” Markin underlined.

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