2nd PRE-TRIAL CHAMBER
Judgment N°17 OF 09/01/2013
Revision
The Prosecutor
versus
M.T.
1/Crimes and offences against children- Abduction of minor – Minor under the
authority of her parents – Minor who has stayed for one week with the accused without
the authorization of her parents – Appeal by the accused (none) - Conviction.
2/ Violation of moral norms – Sexual indecency – The accused admits having had
sexual intercourse with the minor during her stay at his house – Conviction.
3/ Violation of personal liberty – The victim having freely followed the accused by
accepting to wait for him at the home of a third party before heading to his residence Sequestration (none).
1/ The accused pleaded guilty of abduction of minor and the contested judgment has
to be confirmed, since he does not challenge the fact that the minor, still under the
authority of her parents, stayed with him for one week, without the authorization of
her parents.
2/ The Court rightly accepted the guilt of the accused and condemned him for sexual
indecency, since he admits having had sexual intercourse with the minor during her
stay in his home.
3/ The judgment entered into must be reformed with regard to the facts of kidnapping
and the accused must be declared not guilty, since the facts of kidnapping are not
established.
THE COURT
Having regard to the documents in the file;
Hearing the Public Prosecutor's Office in its requisitions;
After having deliberated in accordance with the law;
On 26 December, 2007, K.A. lodged a complaint with the police criminal department
against an unknown person for the kidnapping of his 13-year-old daughter K.R.
He explained during the preliminary investigation that his daughter left for school on 21
December, 2007, but did not return home.
He noted that, thanks audio-visual media announcements, he received calls from people
who enabled him to find her;
On her part, KR maintained that on 21 December, 2007, the public transport vehicle
which she had boarded to return home had changed route and, despite her resistance,
under the threat of MT, the conductor, she was taken to Adjamé where the latter entrusted
her to a group of individuals, then took her back around 10pm to Yopougon, in a
precarious neighborhood, locked her in an unlit room and abused her;
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