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Ceturtdiena 02.04.2020 | Name days: Imgarde, Irmgarde

Prosecutor General’s Office requests Denmark to extradite Misāne to Latvia

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Kristīne Misāne , Denmark, Latvia, prosecutor, charges, child, kidnapping, SAR, charges, Egils LevitsThe Office of the Prosecutor General of the Republic of Latvia has sent a request to Danish authorities regarding the extradition of Kristīne Misāne to the country, as confirmed by the office’s press-secretary Laura Majevska.

She explains that on Tuesday, 18 February, the Office of the Prosecutor General approved a European arrest order against Misāne and sent a request to Danish law enforcement institutions an official request to have her extradited to Latvia.

In the afternoon on 17 February the Office of the Prosecutor General received new evidence for commencement of a criminal process.

In this criminal process Misāne is held suspect on breach of Section 168, Part 2 of Section 193 and Part 2 of Section 275 of the Criminal Law.

Section 168 of the Criminal Law of the Republic of Latvia covers attempts to avoid, in bad faith, to comply with an adjudication of the court or Orphan’s court, which arises from the child custody rights, care rights or access rights, as well as the failure to comply in bad faith or delaying in bad faith the compliance of an adjudication of court which anticipates the delivery of a child back to the country of his or her place of residence. The applicable punishment is temporary deprivation of liberty or community service, or a fine.

Par 2 of Section 193 covers the theft, destruction, damage or illegal use of financial instruments or means of payment of another person, which is punishable with deprivation of liberty for a term up to five years or temporary deprivation of liberty, or community service, or a fine, with or without confiscation of property.

Part 2 of Section 275 covers the forgery of a document conferring rights or a release from obligations, of a seal or a stamp, as well as commits using or selling a forged document, seal or stamp, if committed for the purpose of acquiring property, or if they have been committed by a group of persons pursuant to prior agreement, or if substantial harm has been caused thereby to the State power or administrative order or to interests protected by law of a person. This crime is punishable with deprivation of liberty for a term up to three years or temporary deprivation of liberty, or community service, or a fine.

Following the request from Riga Court District Office of the Prosecutor, Riga City Vidzeme Suburb Court applied an arrest to Misāne on 18 February. This decision is a pre-condition for the issue of a European arrest order.

The office of the prosecutor stresses that no person is considered guilty until their guilt has been proven in accordance with the law.

As previously reported, the Danish regional court decided on Friday, 14 February, to maintain Latvian citizen Kristīne Misāne under arrest. The woman is accused by the South African Republic of kidnapping her child. This decision means she will be extradited to the African country on 20 February, as previously confirmed by Misāne’s representatives.

According to information from the woman’s representatives, the 14 February court hearing focused on whether or not she should be released from custody, because by then she had served her penalty, or have her extradited to the South African Republic, where she faces 15 years in prison.

As reported by LTV, during the hearing Misāne had submitted new evidence to prevent her extradition. The lawyer stressed that the punishment should be proportional to the crime committed, adding that in Africa Misāne may be forced to wait for a trial for two years. The prosecutor countered this by saying new evidence arrived too late and that it is an attempt to prolong the trial. The prosecutor requested to have Misāne extradited to the South African Republic as soon as possible.

A similar topic was discussed in January. The woman’s representatives claim the court had initially decided to release her but the Danish prosecutor immediately submitted a counter claim to keep her under arrest. This decision was made even though the South African Republic had failed to submit a request on her extradition within a 30-day period.

On Monday, 17 February, Latvia’s President Egils Levits called a meeting with representatives of state institutions to discuss this topic.

Misāne’s representatives had previously explained that in 2011 the woman had met a citizen of the South African Republic. After four years of their relationship the two had a daughter. However, later the two parents conflicted. Initially rows were financially motivated. After that the man one-sidedly decided to end their relationship and had even used violence against both Misāne and both of their under-aged children.

Fearing for her and their children’s life, Misāne decided to seek asylum in Latvia in May 2018. In December, however, Misāne was detained on the border when travelling from Copenhagen to Mozambique. She was detained because of an Interpol order. The South African Republic reports Misāne is accused of child kidnapping. This means she faces 15 years-long prison sentence in the African country.

The Latvian office of the prosecutor had previously explained that the South African Republic accuses Misāne of acts that are not considered crimes in Latvia. This means there was no legal justification for the application of European Arrest Order in this case. As for Misāne’s other activity, which can be classified as fraud and document forging, Latvia, due to shortage of evidence, cannot guarantee criminal prosecution of said person in Latvia, as reported by the office of the prosecutor.

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