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EU Ombudsman to ACT: case opened - deadline 16 August

From: Euro-Ombudsman <EO@ombudsman.europa.eu>
Date: Wed, 26 Jul 2023 at 12:27
Subject: Complaint 1327/2023/LM
To: arundohle@gmail.com <arundohle@gmail.com>
 



 

The failure by the European Commission to take a final decision within the applicable time limit on a request for public access to documents concerning a CJEU case related to OLAF’s decision not to open an investigation

 

 

Volusia mother accused of ‘adoption fraud’ after agreeing to give away child

Volusia mother accused of ‘adoption fraud’ after agreeing to give away child


VOLUSIA COUNTY, Fla. – A Daytona Beach woman was arrested last week after being accused of “adoption fraud,” according to the Florida Department of Law Enforcement.

FDLE said that Melinda Myles, 31, had agreed to place her child for adoption while she was pregnant, receiving financial assistance from the prospective adoptive parents in return.

In an affidavit, agents said that during the 2022 pregnancy, Myles had an open case with the Department of Children and Families regarding her other four children, and so she opted to terminate her parental rights over the prenatal child.

Myles had originally asked the prospective parents to be present at the child’s birth, but before the birth happened, she told the couple that she had COVID-19 to keep them from coming to the hospital, the affidavit shows.

Andrea is adopted: - Just wanted to be Norwegian

Andrea Johanna Bratt Mæhlum is born in Latin America in the 80s. Before she is five, she has already been moved between two orphanages. At the age of six, she is flown to Fornebu in Oslo, where she and her siblings start a new life.

One January day in 1989, a plane from Costa Rica lands at Fornebu airport.

Six-year-old Andrea Johanna sits on board with her two siblings. This is the first time they will set foot on Norwegian soil.

It is the mildest winter in years, with an average temperature of 2.4 degrees in Oslo. Nevertheless, it is as if a wall of ice hits Andrea in the face as she steps out of the plane.

A new family of five goes out excited and expectant. No one knows what their new everyday life will be like.

Lilian Thybell

Lilian Thybell

 

Lilian Thybell is a nurse and midwife. For 25 years, she has worked and lived in various Asian countries, including Vietnam. In the years 1996 – 2002, she worked for a SIDA-funded project aimed at reaching vulnerable groups in remote villages in northern Vietnam. Lilian specialized in teaching illiterate ethnic women. It was like breaking ground, no one believed that non-literates could learn anything and the perception was that they were less intelligent. The program was a success, Vietnam's Ministry of Health adopted the curriculum and continued to develop it further to reach more women among the minority groups. Lilian has been a valued tour guide for both study trips and holiday trips in, among other places, the Philippines, Thailand, India and Israel. During her six years in Vietnam, she built up a network of contacts which she maintained.

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father - India Today

The Bombay High Court has lashed out at the Child Welfare Committee (CWC) of Maharashtra for putting up a child for adoption while the child's father was seeking his custody. The high court bench directed the CWC to get its act right in 48 hours, or else the court would pass an order.

"Tell us, if the mother has abandoned the child, then the biological father has no right? We don't understand how CWC is conducting its cases. This is nothing but high handedness by the CWC. Are they above the law?" the bench of Justices Revati Mohite-Dere and Gauri Godse said on Wednesday.

The bench was hearing the petition of a man who had run away with a 16-year-old minor girl and the two had a child. The girl's family registered a case against the man under the Protection of Children from Sexual Offences Act (POCSO) and he was arrested.

However, when the girl turned major, she abandoned the child and got married to someone else. The man came out on bail and sought that he be given custody of his child. However, the CWC rejected his application and put up the child for adoption.

Advocate Ashish Dubey, appearing for the petitioner, pointed out that the child was neither abandoned nor orphaned and so the CWC could not have put up the child for adoption. "Adoption will come into the picture only when both parents have abandoned the child...Why do you want to give the child for Adoption? Will the child go to the biological parent or a third party?" Justice Dere asked.

Adopterad Fran Srilanka/ Indien Till Sverige

Adopterad Fran Srilanka/ Indien Till Sverige

Adoptees from Sri Lanka hold the state liable for abuses

Eight adoptees sued the State for negligence in their adoption from Sri Lanka in the 1980s. They argue that the government did not intervene even though it should have known about the many abuses. The adoptees want the government to recognize this negligence and reimburse the costs they incurred to trace their origins.

"We want the judge to determine that the government is liable for the damage suffered by these eight people," says lawyer Mark de Hek, who started the legal proceedings on behalf of the victims. The hope is that there will also be justice for other adoptees in a similar situation.

Child theft and baby farming

It has been known for decades that many things went wrong with adoptions from Sri Lanka. The first signals date from 1979. Since then, stories have regularly emerged about incorrect files, baby theft, so-called baby farms and human trafficking. In 1987, a Sri Lankan study found that the vast majority of adoptions were illegal.

The fact that the Dutch state was repeatedly informed of abuses from Sri Lanka from the early 1980s was evident from the report of the Joustra committee in 2021. At the request of the government, that committee investigated the role of the Netherlands in international adoption. The abuses included baby farming and child theft. According to the committee, the Netherlands did not intervene and the government did not come up with solutions.

"Was my mother paid to give me up?" Looking for government recognition for mistakes in adoption

"Was my mother paid to give me up?" Looking for government recognition for mistakes in adoption


Eight adoptees from Sri Lanka are holding the Dutch state liable for abuses during their adoptions. Sam van den Haak, one of them, explains the extent of the damage and the questions she has struggled with all her life.

Anneke StoffelenJuly 25, 2023, 6:43 PM
In a personal interview in the newspaper, it is customary to mention the age of the interviewee. In the case of Sam van den Haak, who was adopted from Sri Lanka, this is not easy. If you base it on the date in her Dutch passport, she would have celebrated her 42nd birthday at the beginning of this month. Or do you, like Van den Haak herself, follow the version of her later found Sri Lankan grandmother? She said that her granddaughter was born on December 17, 1981. In that case, Sam van den Haak is now 41.

A date of birth is an obvious detail for others that you rarely think about. For Van den Haak it has become a crucial part of her story. 'Every time I request a repeat prescription from the pharmacy, I give an incorrect date of birth and am reminded that I am a victim of adoption fraud.'

Van den Haak published a book about that turbulent history last year with the telling title Not born on my birthday. Together with seven other adoptees, she is now starting a collective lawsuit against the Dutch state. The adoptees argue that the government, as supervisor, is liable for the abuses during their adoptions, which were arranged by the Flash foundation. Since the late 1970s, Flash has been publicly associated with baby trafficking and adoption fraud. But according to lawyer Mark de Hek, the government deliberately looked the other way.

About the author
Anneke Stoffelen is a reporter for de Volkskrant and writes, among other things, about the multicultural society. For the podcast series A Kind of God, she investigated how people end up in a cult.

As a result, some of the Sri Lankan adoptees will probably never manage to find their biological family again. The adoption files are missing all kinds of basic documents, such as waivers from the biological mothers. Personal data is also regularly falsified.

Little information in adoption file
When requesting her adoption file, Sam van den Haak discovered that 'there's actually not much in it'. It does not contain the details of her biological mother, let alone a document in which the woman declares that she is renouncing her daughter. Her birth certificate is also missing. Strangely enough, her Dutch surname is already mentioned in the Sri Lankan passport with which the adoption was arranged at the time. "So that must have been forged," Van den Haak concludes. On the handwritten document, the numbers have been scribbled with a pen, so it is not entirely clear which day of birth is meant - in her adoption file it was April 7, in her later Dutch passport it was July 4.

Also missing is a report from the Child Protection Council showing that her adoptive parents were screened before they were allowed to pick her up from Colombo as a toddler. That's strange, Van den Haak thinks, because the couple who adopted her already had three sons, two of whom have severe multiple disabilities. "In the 1980s, relatively little was known about the consequences of adoption, but was there no one who could have imagined that there was no room in this family for another child with special care needs?" she wonders.

As a lively little child, she ended up in a Hoorn household where, in her memory, it always had to be quiet. 'I used to, and still do, prefer to do things together with someone else. But in our family it was always every man for himself. One was doing a puzzle and the other was reading the newspaper. I didn't fit in there at all.'

Sexual abuse
Van den Haak saw little love in the marriage of her adoptive parents. In her opinion, this was the reason why her adoptive father sexually abused her from the age of 6 onwards. As a girl who craved attention and affirmation, she often crawled into her adoptive parents' bed in the morning, looking for cuddles. Once her adoptive mother left, those hugs turned into "things an adult should never do to a child."

For years, Van den Haak was under the impression that this was normal. 'I thought this was the way you, as a parent and child, show that you love each other. Until I was 14 and started having boyfriends, and discovered that you're not supposed to do these things with family.' Years later, when she wanted to file a report, she heard from the police that the case had already expired. Her adoptive father has always denied the abuse. Her adoptive mother kept a low profile and did not support her daughter. Van den Haak therefore no longer has contact with them.

Her unhappy childhood made the question that almost all adoptees ask themselves at some point even more pressing: how would my life have turned out if I had not ended up in a strange country, with strange parents?

Address on a note
Van den Haak traveled to Sri Lanka for the first time in his twenties. An intermediary there initially had bad news: based on the scant information in her adoption papers, it seemed impossible to find her biological family. But there was a blessing in disguise: when her biological mother gave her daughter to the Dutch in 1984, she had placed a note in the hands of Van den Haak's adoptive mother with her address scribbled on it. The note had been kept all these years. And although her biological mother died of cancer in the 1980s, Van den Haak was able to use that information to find her grandmother, plus a brother and a sister.

'At the first meeting I was sceptical. The intermediary who had helped me with the search told me that relatives of adoptees often ask for money very quickly. So I had planned to keep an appropriate distance. But when I arrived at that little old house without electricity, it turned out that my brother was even more skeptical. The first thing he did was take my hand and study my fingers. I thought: what is he doing? Until he discovered the scar he was looking for. “Nangi,” he said, which means little sister.”

The scar was proof to him that Sam was who she said he was, he said later. 'He could still remember me helping him cut bamboo as a small child. I then had to hold the stems. He once accidentally chopped my finger, that's what left the scar.'

In the passport photos he showed of their mother, she immediately recognized the woman from the photos from her own scrapbook, taken by her adoptive parents. Then all doubts were gone.

The meeting with her brother and grandmother was warm (with her sister, whom she only meets later, the contact is more complicated). This caused Van den Haak to wonder how necessary it actually was for her to be given up, if there were family members who would have wanted to care for her. Her grandmother, now deceased, said that her mother harbored a secret. She is said to have feared that she would be expelled from their village if the truth about her daughter's conception came out.

Compensation
But Van den Haak was never able to unravel the complete story surrounding her adoption. 'Was my mother paid to give me up, temporarily or otherwise? I do not know. My file does show that my adoption cost more than 10,000 guilders, a large part of which went to mediation organizations.'

In the upcoming lawsuit, adoptees will demand compensation for the costs they have had to incur in the search for their family - searches that in many cases have not led to anything. In addition, it will also involve compensation for the psychological suffering: growing up in an environment in which you find little recognition and the feelings of uprooting that follow some people for the rest of their lives.

Yet Van den Haak wants to emphasize that as far as she is concerned, it is not an exclusively gloomy story. 'I've been through a lot and there was a period when I didn't even want to live anymore. But my story shows that you can get out of it.' As a former Dutch teacher, she has written her book especially in understandable language for young people, so that they may find hope in it when they are going through a difficult time. 'I believe that you can always choose to make something of your life. I am now very happy with my son. I am also proud of the company I founded, with which I organize pub quizzes for companies.'

For her, the lawsuit is not about compensation. However, she does want the government to acknowledge the mistakes of the past, so that these problems are prevented in the future. And what would be the best and most important outcome for Van den Haak: that a passport would one day be arranged for her with her real date of birth in it.

Emma Harriet Nicholson, Baroness of Winterbourne: A Remarkable Journey of Achievements

Emma Harriet Nicholson, Baroness of Winterbourne, is a distinguished figure whose lifelong commitment to public service and advocacy has left an indelible mark on British politics and international affairs. With an illustrious career spanning several decades, Baroness Nicholson’s accomplishments have been characterized by her tireless dedication to human rights, social justice, and gender equality. Her unwavering commitment to these causes has earned her international recognition and respect. Born on October 16, 1941, in Oxford, England, Emma Harriet Nicholson was raised in a family that valued education, philanthropy, and public service. She attended St Mary’s Wantage School, continuing her education at Royal Academy of Music, where she studied piano, cello, and singing and gained LRAM and ARCM.. Her academic pursuits laid the foundation for her future endeavors in politics and diplomacy. Baroness Nicholson’s political career took off when she became a member of the Conservative Party. Her time in the House of Lords was marked by her dedicated work on a variety of issues, including education, social welfare, and healthcare. Her efforts to improve the lives of her constituents were widely recognized and appreciated. One of the defining moments of Baroness Nicholson’s career came when she turned her attention to international affairs and human rights. In 1997, she was appointed as a member of the UK Parliament. This appointment marked the beginning of her remarkable journey as a champion for human rights on the global stage. Baroness Nicholson’s passion for human rights and social justice led her to focus on the plight of vulnerable communities, especially women and children in conflict zones and regions affected by humanitarian crises. She became a leading voice in advocating for the rights of these marginalized populations and spearheaded numerous initiatives to provide them with support and assistance.

 

One of the most significant achievements of Baroness Nicholson’s career was her instrumental role in establishing the All-Party Parliamentary Group on Human Trafficking and Modern Slavery, also she was  appointed as parliamentary undersecretary for foreign affairs. She chaired the Select Committee for the Prevention of Sexual Violence in Conflict in 2015, and before that, in 2011, she was appointed to the Council of Europe Parliamentary Assembly. Baroness Nicholson has monitored over 34 elections in different countries, including Yemen and Iraq. She tirelessly campaigned against this heinous crime, raising awareness about its prevalence and advocating for stronger legislation to combat it. Her efforts were crucial in shaping the UK’s response to human trafficking and modern slavery, and her work continues to inspire others to take action. In addition to her parliamentary work, Baroness Nicholson has held several prominent positions in international organizations. She served as Vice-President of the European Parliament from 2004 to 2009, where she worked on issues related to foreign affairs and human rights as President of the Foreign Affairs, Human Rights, and Common Defence and Security Policy; and Rapporteur for Romania, Iraq, and Kashmir. Her advocacy for gender equality and women’s empowerment was particularly noteworthy during her tenure. She also served as a Member of the European Parliament for the South East England constituency from 1999 to 2009.Baroness Nicholson’s commitment to human rights and social justice has taken her to some of the most challenging and dangerous regions in the world. She has been at the forefront of efforts to support communities affected by conflicts in countries such as Iraq, Afghanistan, and Bosnia-Herzegovina. Her work in these areas has involved providing humanitarian aid, promoting peace and reconciliation, and advocating for the rights of those affected by war and violence. In recognition of her outstanding contributions to human rights and international diplomacy, Baroness Nicholson was appointed as a Life Peer in1997, granting her a seat in the House of Lords. As Baroness Nicholson of Winterbourne, she continued to champion causes close to her heart and to leverage her position to effect meaningful change. Her relentless pursuit of justice and equality has earned her widespread admiration and respect from colleagues, constituents, and human rights activists across the globe. Baroness Nicholson’s dedication to women’s rights has been a cornerstone of her advocacy. She firmly believes that empowering women and promoting equal opportunity are not only moral imperatives but also key drivers of social and economic progress. Throughout her career, she has worked tirelessly to ensure that women’s voices are heard and their rights protected. She has been a leading advocate for initiatives that address gender-based violence, promote women’s education, and increase women’s political participation. Furthermore, Baroness Nicholson’s efforts to combat poverty and improve healthcare have been instrumental in bringing about positive change in many communities. She has been actively involved in initiatives aimed at eradicating poverty, providing access to clean water and sanitation, and improving healthcare services in underprivileged areas. Her work in this regard has been recognized by numerous organizations, including honorary fellowships and awards for her outstanding humanitarian efforts. Baroness Nicholson’s passion for human rights and her unwavering commitment to making a difference extend beyond her political and diplomatic roles. She has been actively involved in numerous charitable organizations and foundations that focus on issues such as child protection, disability rights, and refugee support. Her philanthropic endeavors have touched the lives of countless individuals and have helped make the world a better place for those in need. As a testament to her exceptional contributions, Baroness Nicholson has received numerous accolades throughout her career. In 2000, she was appointed as a Dame Commander of the Order of St. Gregory the Great by Pope John Paul II for her humanitarian work. She has also been awarded the Freedom of the City of London and holds honorary doctorates from several universities. Baroness Nicholson’s impact and influence continue to resonate in the political, diplomatic, and humanitarian spheres. Her dedication, resilience, and unwavering commitment to human rights serve as an inspiration to current and future generations of activists and change-makers. Her legacy is one of compassion, integrity, and a relentless pursuit of justice. As we reflect on the remarkable achievements and professional career of Emma Harriet Nicholson, Baroness of Winterbourne, we are reminded of the power of one individual to make a significant difference in the lives of others. Her tireless efforts to promote human rights, social justice, and gender equality have left an indelible mark on the global stage. The world is undoubtedly a better place because of her unwavering commitment and selfless dedication to creating a more just and equitable society for all.

By Ovidiu Stanica