THE MINISTRY OF FOREIGN AFFAIRS IN ROMANIA
THE PRESIDENT OF ROMANIA, MR. KLAUS WERNER IOHANNIS
The undersigned JALASKOSKI JOHAN MIHAIL born on 06.01.2006, and JALASKOSKI MARIA ALEKSANDRA born on 25.01.2007, on our own behalf we submit the present
requesting you to act urgently on our repatriation, given the humiliating conditions that we suffer in Finland, where we, the undersigned Jalaskoski Johan Mihai and Jalaskoski Maria Aleksandra, are imprisoned in placement centers against our will and forcefully separated from our mother and our family on maternal line.
Factually, on June 15th 2016, the Finnish court held definitively that our residence is with our mother – Jalaskoski Mihaela Camelia. Despite this court ruling, in force and unchanged, the social assistance service of the Tampere City Hall – the Finnish town where we were residents at that time – using extreme violence, as evidenced by the video recording taken at that time, took us and detained us in different children’s centers, against our will and against our mother’s will, and although our mother has full rights on us. Ever since, we have requested countless times to be heard by a judge in Finland, by virtue of our right to do so both under Finnish law and under the Convention on the Rights of the Child as well as EC Regulation 2201 / 2003.
Althought there is no court procedure for us, the two minors, and although there is no judicial decision of any court with regard to our forced detention in the centers, we are denied the right to be heard by a judge. The answers received from the Ministry of Justice in Finland on the matter are exclusively in the sense that only the Tampere City Hall has the power to order any measure in our case.
Furthermore, on May we asked again, through a lawyer, for us to be heard urgently by a Finnish court, and for the measure of our placement in childcare centers to stop urgently. Even today our request has not received any deadline or resolution, the Finnish authorities stating one thing only, namely the Tampere Town Hall’s exclusive competence regarding our situation.
According to art. 2 par. 1 of the Law 248/2005 on the free movement of Romanian citizens abroad, with subsequent amendments and completions, Romanian citizens are guaranteed both the right to travel abroad and to return to the country at any time, and according to the second thesis from this legal provision, no Romanian authority can in any way ban a Romanian citizen from returning to Romania.
According to EC Regulation 2201/2003, points 12 and 13 of the preamble, the superior interest of the child is dictating the competence, and the general competence established by art. 8 of the same Regulation refers only to the child’s habitual residence, not to the forced one as in our case, us being imprisoned in placement centers for children, thus having the forced residence and not the habitual residence in Finland, situation in which, on the contrary, we understand to make use of our residence in Piatra Neamț.
According to art. 12, 13, 14 and 15 of the Convention on the Rights of the Child, the child with discernment has the right to be heard, has the right to express his / her opinion freely on any matter concerning him / her. Still, although we have been requesting for so many years the repatriation into the extended family of our grandparents in Piatra Neamţ, although we do not have an ordinary residence in Finland, but on the contrary, we are prisoners, imprisoned by this state, in foster centers, against our will, our request is denied by the Romanian state based on the hallucinatory argument offered by the Finnish authorities that we have an ordinary residence in Finland and, consequently, the courts in Finland have the competence to express in regards to our case.
Therefore, we urge you, Mr. President and Mr. Minister of Foreign Affairs, to decree our repatriation as a matter of emergency, as we have Romanian citizenship, as we are Romanian citizens with legal residence in Romania at our grandparents in Piatra Neamț, Petru Rareş Street, no. 63, bl. A4, 4th floor, ap. 34, Neamţ County, facing human rights violations in Finland, and as we are on the verge of total impotence to bear anymore the regime of mental torture which we are subjected to, caused partially by separation from our mother, the only one who defended us from the physical and psychic injuries caused to us by our father. Should anything happen to us, the Romanian authorities who have abandoned us so many years despite our and our mother’s desperate call, are to be held directly responsible for what will follow.
Mr. President and Mr. Minister of Foreign Affairs, in case of our disappearance or imminent physical or psychic harm we may suffer related to the regime of mental torture which we are subjected to, we hereby publicly empower our grandparents Lucia and Radu Smicală to perform patrimonial actions against you and against the Romanian state for the serious injury done to us and to our mother.
May God help us all!
JALASKOSKI JOHAN MIHAIL
JALASKOSKI MARIA ALEKSANDRA
Legally assisted by the civil platform ȊMPREUNĂ
Atty. Adriana Lucia Buzgar
Atty. Dragoș – Petru Cremene
Atty. Dan Poștă
Atty. Diana – Livia Duca
Atty. Mioara Flenchea
Atty. Nicolae Sandu
Atty. Maria Lăbunț
Atty. Ana – Corina Săcrieru