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PDF: 43 Pages: Vidas sem Defesa (Defenceless Lives) by Goncalo Amaral 

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Defenceless Lives

Portuguese version PDF

Translation by christabel @ justice4mccannfam.5forum

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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 there

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