Kofi Annan COUNTERREPORT 

COUNTERREPORT

To the kind attention of

                                                                       Dr. Paulo David

                                                                       Children’s Rights Committee Secretary

                                                                       United Nations Organization

Cremona 21 Dicembre 2002

OBJECT: COUNTERREPORT ON ITALIAN AND FOREIGN INSTITUTIONALIZED ORPHANS’ CONDITIONS

With reference to my previous complaints You kindly replied to on 19^th February and on 15^th December 1999, I’m sending here a copy of the book as counterreport on the Italian situation concerning orphans; as a matter of fact, on the occasion of the Second Italian Government Report about Children’s Rights Agreeement, which will take place in January 2003, the Italian Government itself has to bring an account of the real enforcement of the Agreement to UN (generally every five years).

The undersigned Gabriele Cervi, Italian citizen, here encloses a copy of his book translated in English by Dr. Paola Contini: The denied family – Letters to a barbaric state (1995-2002), as a supporting document to denounce the present dramatic situation (sometimes illegal and unlawful) concerning institutionalized orphans in our country, showing the non-enforcement of the UN Agreement by the Italian Government.

I would like to add that:

The 149/01 Italian Law provides the closing of Italian orphanages by the year 2006, though the organization of the family-houses which will have to take in minors is not very clear yet. On 31^st December 1999 they were 28.148.

In many Italian regions (particularly in the South of Italy), a real census of minors living in institute hasn’t been made yet.

In many institutes, although the 149/01 Law forbids insertion of children aged from 0 to 6 years old, there are children of that age at present. Many of them live in institute until 18 years old, although authorities stated, more than once, that institutes must be, above all, temporary solutions.

I also declare that, to awaken Italian public opinion to these problems, I opened a non-profit web site called www.aiutobambini.it. I’ll soon also provide an English version of the site, thanks to Dr. Paola Contini’s help, who freely translated the above-mentioned book, which will be an integral part of the web site.

For all that I declared,

I HERE CHARGE THE ITALIAN GOVERNMENT

(and I take both civil and criminal responsability, that maybe will follow this public accusation, upon myself)

with non-enforcement of the UN agreement concerning children’s rights dated 1989, ratified in Italy by the 176 Law dated 27^th May 1991.

I’m looking forward to hearing from You and I wish You and Your family a Merry Christmas and a Happy New Year.

Yours sincerely

Cervi Gabriele

Web site translated by Paola Contini

Enclosures: 1 copy of the book and 2 floppy disks concerning the book itself.

2003

(European Council – Kofi Annan Pera-Casini )

Cremona, 29 gennaio ‘03

To the Chancellor

Of the European Court for Human Rights

European Council

F-67075 Strasbourg Cedex

The undersigned Gabriele Cervi, Italian citizen, resident in via Palestro, 26 – 26100 Cremona, Italy, hereby informs the above-mentioned European Court for Human Rights that, at present, my country is not complying with the European Agreement concerning children’s rights.

To support my complaint, I’ve here enclosed a copy of my book: The denied family: about a social crime. Letters to a barbaric state (1195-2002). In this book, You can find my past and present complaints against the Italian state, the Italian government and institutions.

More, I also enclose, as a supporting document, a letter I sent, on 21^st December 2002, to Dr. Paul David, Secretary of UN Children’s Rights Committee, where I charge the Italian government, and here confirm it (by taking full responsability, both civil and criminal, for the consequences of this complaint), with:

- non applying the UN Agreement dated 1989 concerning children’s rights, and ratified in Italy by Law no. 176 dated 27^th May 1991.

In particular, I report that:

a)      In many Italian regions (especially in the South of Italy) minors living in the institutes have never been registered, because of the lack of a strict institutional control.

b)      In many institutes, although Law no. 149/01 prohibits insertion of children aged from 0 to 6 years old, there are today a lot of children of that age: this is due to the usual lack of control from local institutions.

c)      A lot of children are still living in institute until 18 years old, although authorities insisted, more than once, that the institute must be considered only as a temporary solution.

d)      Today law doesn’t provide for a specialization of tutelary judges in this delicate matter.

e)      We are still waiting for a reform of the social workers’ conditions who, together with juvenile judges, provide for orphans’ destiny.

f)        Italian law no. 149/01 provides for closing institutes and orphanages in  2006, but, at present, the situation concerning custodies and family-houses’ task is not very clear yet.

g)      A bill (AS 791) by Senator Antonio Girfatti, from Forza Italia’s party, confirmed by 53 senators of majority party, provides that the closing date of orphanages, fixed by law no. 149/2001 at 31^st December 2006, will be removed. This is not certainly good for a minor, who sees himself as an institutionalized child, who can’t take advantage of a family, because the only things to be safeguarded are business and status quo.

h)      It has recently been found out a “lager-institute” for minors in Lecce. The 16 orphans used to be hit and were forced to eat stale bread. They were treated like bad animals, for years, and only for educational aims: the institute was definitely closed in October 2002.

For all that, I declare, according to my conscience and upon my honour, that information reported in this letter are exact and true.

Yours sincerely

Gabriele Cervi

Enclosures:

copies of my denouncing letters,

1 cd-rom containing the English and the Italian version of the web-book,

1 translation of an article concerning the above-mentioned “lager-institute” in Lecce, published on the daily “Avvenire” dated 17^th October 2002.

Gabriele Cervi

Via Palestro,26

26100 Cremona.

                                                                                              To the kind attention

                                                                                              Of the UN Secretary General

                                                                                              Kofi Annan

Cremona, 29 gennaio ‘03

Dr. Kofi Annan Esq.,

I’m hereby enclosing, for Your information, my web-book: The denied family: a social crime. Letters to a barbaric state (1995-2002). You will also find a cd-rom containing the complete text.

I really hope that You can put pression on the Italian government, so that Italian authorities can comply with the UN Agreement as regards orphans’ rights, which was ratified in Italy by the law no. 176 dated 27^th May 1991.

I’m looking forward to hearing form Your kind reply.

Yours faithfully,

Gabriele Cervi