[ad_1]
For the nightmare suffered, the man was paid a compensation of 9,850 euros to compensate for the moral damages. They awarded him another 11,527.45 euros, which he would have earned had he not been in prison unjustifiably for almost 3 years. Legal expenses of 2,237 euros were also covered.
The prosecution tried to prove to the end that the security forces had done everything right in this situation and that no compensation should be paid to Audrius. However, something has been signaled in history when earlier this year the Lithuanian Supreme Court refused to examine the prosecution’s complaint.
Sister accused
The girl, who had just been born, initially lived with her mother, but due to constant alcohol consumption, the girl was taken from her and found in a nursing home.
The right to raise a daughter was eventually won by her father. The storm with the two-year-old girl was sheltered by her sister.
After 2 years of quiet life, everything turned upside down. On September 24, 2013, Audrius’ sister reported to the police that the girl had complained that her father had been fingering and pinching her fingers.
The man was found behind bars and the police began to find out if the crime had actually been committed.
Photo by Josvydas Elinskas / 15min / Associative illustration
It was later revealed that the woman, who had accused her brother of a heinous crime, had repeatedly alluded to her desire to evict him because there was too little space at home, as well as to take over the care of the girl to receive an allowance for his.
Most of the interviewed family members could not believe Audri’s accusations and described her sister as a selfish person.
Furthermore, throughout the entire process, she constantly changed her testimony and told him completely different circumstances.
The girl denied the violence
Two days later, a key witness, possibly a four-year-old victim, interviewed an investigating judge.
During this interview, the girl not only did not confirm, but also denied the accusations made against her father.
When the psychologist was asked, she said that she had never slept in the same bed with her father and that he had never hurt her.
It is true that the girl hinted that her father was touching her. However, this circumstance should not be shocking, since the father himself and relatives living together said that Audrius had washed his daughter himself, as well as because she complained of itchy genitals, lubricated the ointments bought by his sister.
Despite the results of this survey, Audri was sentenced to the most severe preventive detention on the same day. It was decided that while she was free, she could hide from the punishment she was facing and affect her daughter.
Questioned again – illegally
The officers convinced of the guilt of the man decided to organize another after the first failed interview with the girl.
Only this time without the presence of the judge, the prosecutor or the suspect and their lawyer.
On October 11, 2013, a psychologist was invited and an interrogation began, the protocol of which became the essential proof of Audrius’ guilt.
After reviewing the video of this interview several times, the judges of the Court of Appeals found that the girl had spoken with the psychologist this time and did not mention anything about the abuse she had experienced.
Photo by J.Andriejauskaitė / 15min.lt/Ilustration associativa
It was only at the end that the investigator, who broke into the interrogation room, began to play a good cop, offered the girl candy, and finally obtained the necessary testimony.
“By watching the video of this survey, you can clearly see that the researcher asked the boy a lot of obvious questions, asking them one after the other without even receiving answers,” the judges who viewed the video described it.
Ignored the evidence
Shortly after these interviews, the police received another significant piece of evidence, the expert’s report.
The expert found inflammation of the genitals in the girl, but his conclusion about the abuse was categorical: no signs of it were found.
“It’s really impossible to put your fingers in the vagina,” the court expert later confirmed.
However, even this did not stop the law enforcement bulldozer from turning, the man was not only charged, but was also found guilty at the Kaunas Regional Court, where he was sentenced to 5 years in prison.
Only the judges of the Lithuanian Court of Appeal, after thoroughly examining all the evidence and delving into the details of the case, ruled that the first conviction was illegal and unfounded, taken in violation of the law, and Audrius did not commit any crime.
Survived hell
Audrius was jailed for 987 days for a crime he did not commit. Prisoners soon found out what the man is accused of, and such crimes behind bars are not tolerated.
He was immediately classified as the lowest caste of criminals and was constantly humiliated and beaten.
“In Lukiškės, I was forced to sleep on the floor next to the bathroom, hitting and teasing me all the time. They pulled out my front teeth, ”he said.
The man, who suffered violence, did not dare to seek help from the prison administration, he knew that he would not have received help, but only more brutal violence.
Photo by Josvydas Elinskas / 15min / Associative illustration
Furthermore, in the small community where he lived before his arrest, rumors soon spread and the man was convicted. Although he has received a full acquittal, in the eyes of some people he is still guilty.
“Life in freedom was destroyed, the results of efforts to earn a living, create and maintain a family, raise a daughter herself, experience happiness and joy in family life, were destroyed,” the complaint told the court, seeking for damages. “Anxiety, fear, depression are constantly accompanied, tormented by difficult memories of their painful and degrading experiences of injustice.”
The prosecution categorically opposed the man’s damages because the police accusations were well founded and the investigation was carried out diligently and in accordance with the law.
In addition, according to the prosecution, and almost 10 thousand. The moral damage awarded to the man in euros was too great.
“The amount of non-pecuniary damage awarded is approximately 868 to 6,600 euros,” the prosecution explained, based on jurisprudence. “Therefore, even in the event of a dispute, the non-pecuniary damage had to be reduced to an amount compatible with the constitutional principle of just compensation for the damage.”
However, the courts rejected these arguments, and the actions of the officials and the judgment of the court of first instance were unlawful and violated human rights.
The courts strongly criticized the methods used by officials during the questioning of the minor.
“The circumstances established by the Lithuanian Court of Appeal show that the UK investigator failed to ensure the legitimacy of the data collection in the pre-trial investigation, the forensic psychologist DT biased and negligently examined the data and provided erroneous expert conclusions . Investigator AG was directly involved in the investigation himself and his actions influenced the illegal collection of data on Audrius’ guilt, its interpretation and inclusion in the material of the pre-trial investigation, ”ruled the Panevėžys Regional Court.
According to the courts, there was no reason to keep the man in prison for almost 3 years until he was found guilty.
“In light of the facts of the case, in particular during the initial proceedings and during Mr. Audrius’ temporary detention, the pre-trial investigation involved procedures that gathered significant evidence to refute or at least raise reasonable doubts about the plaintiff’s guilt in committing a very serious sexual offense. ” This verdict was later confirmed by the Panevėžys Regional Court.
[ad_2]
