KarlsruheÜble Nachrede gegen Bundestagsabgeordneten - Frau muss ins Gefängnis

red/dpa 16.11.2023 - 13:25 Uhr

Das Urteil gegen die Frau ist rechtskräftig. (Symbolbild) Foto: dpa/Peter Steffen

Eine 51 Jahre alte Frau muss sieben Monate ins Gefängnis, weil sie behauptet hatte, dass die Frau eines CDU-Bundestagsabgeordneten in Rumänien einen illegalen Kinderhandel betreibe. Die Einzelheiten.

As a generation of Central Asian adoptees enter adulthood in the United States, their personal quests for identity sit side-by-side with discussions of decolonization.

“Really? From here? You are so lucky…” The market seller’s maternal instincts seemed to overtake all intentions of haggling as she dropped several souvenirs into my hands and looked at me with amazement and pride. A Kazakhstan-born orphan, adopted to German and American parents, back here in Kazakhstan? She said now she knows fate exists.

It’s a familiar story for many adoptees. Answering the question “Where are you from?” is complex, and can leave people so bewildered that they cannot hide their intrigue and shock. Central Asian adoptees live in the space between nations and, through their identities, serve as diplomats to family, friends, and colleagues, a living reminder of the reality that as distant as Central Asia is from the United States, these two worlds are closer than we think.  

The U.S. Department of State has recorded 6,801 adoptions from the five Central Asian republics to the U.S. since 1999, with 94 percent coming from Kazakhstan and 88 percent of total adoptions occurring between the years 1999 to 2008. The marked decline in adoptions from Central Asia is in line with international trends as inter-country adoption becomes more expensive and pressure grows from international organizations and national governments. Inter-country adoption is no longer a preferred solution for orphaned children, with governments and communities shifting focus to addressing, domestically, the issues that lead to orphaned children, like poverty and limited resources for parents of children with disabilities.

In Central Asia, the conversation is no different. A few accredited U.S. adoption service providers still operate programs in Kyrgyzstan and Kazakhstan, but inter-country adoptions are lengthy and largely isolated to children with disabilities or severe medical issues, for whom adoption provides a pathway to family-based care. 

The Bombay High Court made the remark while granting bail to a person accused of raping a minor girl and impregnating her.

The Bombay High Court on Thursday said conducting a DNA test on the child of a rape victim after adoption would not be in best interest of the kid, PTI reported. The Bombay HC, while granting bail to a person accused of raping a minor girl and impregnating her, said, "It is pertinent to note that in the factual situation since the child is given in adoption, the DNA test of the said child may not be in the interest of the child and future of the child."

The 17-year-old rape victim gave birth to a child and later put up the baby for adoption. A single bench of Justice GA Sanap sought to  know from the police if any DNA test had been conducted on the child.

The police informed the court that the child was put up for adoption right after birth. Police also said the institution concerned had refused to disclose the identity of the adoptive parents. The court observed that the institution's stand was reasonable.

In his bail petition, the man claimed that it was a consensual relationship and the victim, though minor, had an understanding of the same. However, the case lodged with the police said the accused forcibly had intercourse with the victim and impregnated her. 

Blog written by Team Adoption of SAPPersonal Injury Lawyers

Personal injury lawyers who will go to court for you if necessary. Largest personal injury law firm in the Netherlands. Click here for free advice.

, consisting of: Saskia de Groot, Mark de Hek and Sharon Soeltan
 

Since the 1970s, more than forty thousand children in the Netherlands have been adopted from abroad. Around the same time, the first reports of adoption abuse appeared in the media. About the forgery of documents, the exploitation of poverty among birth mothers and the relinquishment of children for payment or under duress. However distressing the signals may be, they do not lead to critical reflection in the public and political debate, let alone a reconsideration of the system of intercountry adoption.

A 51-year-old woman from the Enz district has been sentenced to prison for defamation of Pforzheim Member of the Bundestag Gunther Krichbaum and his wife Dr. Oana Krichbaum. By decision of November 15, 2023, the 1st Criminal Senate of the Karlsruhe Higher Regional Court dismissed as unfounded the defendant's appeal against a judgment of the Pforzheim Criminal Division of the Karlsruhe Regional Court dated March 8, 2023. This judgment sentenced the defendant to a total of seven months' imprisonment, one month of which is considered served due to procedural delays contrary to the rule of law.

According to the findings of the Regional Court, the defendant had alleged in numerous Facebook posts and in emails to various recipients, including newspaper editorial staff and members of state and federal parliaments, that Dr. Oana Krichbaum had been involved in illegal child trafficking in Romania and that Gunther Krichbaum had attempted to cover this up by exploiting his political office. After initially pursuing civil action against the defendant, the Krichbaum couple filed a criminal complaint on April 23, 2018, regarding three Facebook posts published by the defendant on February 13, February 26, and March 26, 2018, all of which referred to Dr. Oana Krichbaum and, in two cases, to Gunter Krichbaum. The defendant continued to make similar defamatory allegations, even in her final statement at the appeal hearing before the Regional Court. In its judgment, the Regional Court also found that the defendants’ allegations were neither demonstrably true nor covered by freedom of expression or other legitimate interests of the defendants.

The Karlsruhe Regional Court sentenced the defendant to six months' imprisonment each for the three offenses mentioned in 2018, which are the sole subject of these proceedings, and combined these individual sentences into a total prison sentence of seven months. The Regional Court declared one month of this sentence to have already been served due to a procedural delay that occurred during the appeal proceedings, which violated the rule of law. The Regional Court did not suspend the execution of the total prison sentence because it did not consider the defendant to have a positive criminal prognosis, as neither the civil proceedings nor the previous criminal proceedings had deterred her from continuing to make defamatory allegations about the Krichbaum couple.

In the appeal proceedings, the First Criminal Senate of the Higher Regional Court had to examine both the content of the Regional Court's written reasons for the judgment and – to the extent challenged by the defendants' defense – the proceedings before the Regional Court for legal errors that may have affected the decision. However, the Senate did not identify any such legal errors on which the Regional Court's judgment was based. In particular, it did not consider the offenses to be time-barred and did not object to the defense's rejection of applications for auxiliary evidence. The fact that a witness's email was read out at the main hearing instead of her being questioned clearly had no effect on the content of the Regional Court's judgment. The Regional Court correctly considered the defendants' fundamental right to freedom of expression. The Regional Court's sentencing – including the failure to grant a suspended sentence – is also not objectionable under the law of appeal.

No further appeal is available. The Karlsruhe Regional Court's ruling is now final.

Despite Chandigarh administration’s January notification to make child adoption easier, only 11 children adopted in 10 months

It’s been almost a year since the UT administration notified the Chandigarh Juvenile Justice (Care & Protection of Children) Amendment Rules, 2023, to accelerate the adoption process. Yet, the list of people hoping to adopt a child remains long.

Recently, the Supreme Court had raised serious concerns over the “grave” delay in the process of adoption of children and asked the Centre why no steps were being taken to simplify the process. (HT File)

Through the January notification, the district magistrate was given the authority to issue adoption orders that were previously under the ambit of district courts, thereby speeding up the process in such cases, be it intra-country, inter-country, relative or step parent adoption.

But as of October end, only 11 of the 51 adoption hopefuls have been able to bring a child home. Meanwhile, the wait for remaining 40 applicants, which has already drawn out for over two years, continues to grow longer.

In continuation of the work linked to the publication on December 11, 2020 of the report “Illegal adoptions of children from Sri Lanka: historical study, search for origins, perspectives”, the Conference of Directors of the Cantonal Departments of Justice and Police (CCDJP ) set up a Working Group on “Tracing of Origins for Adopted Persons”, whose report was published today .

In Switzerland, the search for origins falls under the jurisdiction of the cantons (art. 268c and d of the civil code), and this subject today raises numerous legal, structural and practical questions. The aforementioned legal provisions are in fact quite poorly adapted to the international context of a search for origins, cantonal resources suffer from the gap between a necessary specialization of those involved and a limited number of requests, and the questions linked to the discovery of irregularities which affected an international adoption procedure remain to date without a complete and coherent response. The financial support granted by the CCDJP and the Confederation to the Back to the Roots association for the implementation of a pilot project to support origin research (2022-2024) constitutes an important step, but it addressed only to adoptees from Sri Lanka.

The work was structured into 5 subgroups: psychosocial support, help for victims, search for files and people in Switzerland, international search and illegal adoptions. They made it possible to explore these different themes, in particular by highlighting the gaps in the current context. Their pooling led to the adoption of the following recommendations:

1. Examine and adapt the skills and tasks in the field of information (art. 268d al. 1 CC) and advice (art. 268d al. 4 CC) according to art. 268d CC, as well as the tasks of research services. The people and organizations concerned as well as the cantons must be involved in this work.

2. Review and improve coordination of adoption issues at the political and technical level.

A TikTok user named Kalkidan is opening up about the dark side of international adoption in Ethiopia.

On July 27, Kalkidan, a native of Addis Ababa, Ethiopia, took to TikTok to share her harrowing illegal adoption story. The young beauty claimed that she was “trafficked to the United States in 2008” and that her abductors “falsified” her adoption paperwork.

“On paper, I was six, but in real life, I was 7,” Kalkidan told her followers in a viral video that has garnered over 650,000 views.

@kalkidantems

I dont think enough ppl realize how many kids were kidnapped and brought to the US under false pretenses that they were “orphans” or had no family like myself…#ethiopian_tik_tok #habeshatiktok #adoption #ethiopian_tik_tok🇪🇹🇪🇹🇪🇹🇪🇹 #fyp #fypシ #viralvideo

♬ original sound - Kalkidan

Regulator says access to DNA testing and genetic matching already allows identification without formally applying for details at age 18

People who donate sperm, eggs and embryos to help others have children will lose the right to anonymity from the moment the child is born, under proposed changes to UK fertility law.

Existing rules around IVF treatment state that children conceived from donor tissues can apply for details that identify their biological parents only once they reach the age of 18.

But the Human Fertilisation and Embryology Authority (HFEA) said a combination of easily accessible DNA testing, genetic matching services, and information sharing on social media had allowed people to sidestep formal routes and trace donors independently.

A Pākehā mother in a same-sex relationship sought the help of a Māori sperm donor so she could have what she described as a “half-caste” baby.

But the friendship between the mother and donor broke down, and now a court has appointed the man as a guardian and granted him three-weekly contact to ensure the child’s cultural needs are met.

The 5-year-old girl’s mother, now single, opposed guardianship, saying the man had little involvement in the child’s life and his intermittent visits were “confusing” to the young girl.

According to the decision published by the Family Court this month, the child, identified by the pseudonym Elle to protect her real identity, was born in 2018.

The other parties aren’t identified, although the man is described by the judge as having a “nationally important role in New Zealand’s cultural heritage”.