'Recovered', I thought, was a term reserved for stolen property. In the realms of kidnapping, I was under the belief the proper term was 'rescued', 'reunified, or even 'reunited'. This gives me indication that the laws are still antiquated, only when dealing with application of legal theories.
I will expound upon this subject, in detail, in my upcoming book.
Fugitive Brothers Wanted Since 2008 for Parental Kidnapping Arrested in the Netherlands
Victims Recovered After Joint Operation by Greek, Dutch, and U.S. Law Enforcement
Victims Recovered After Joint Operation by Greek, Dutch, and U.S. Law Enforcement
With the invaluable cooperation of the Greek and Dutch governments, fugitive brothers John and George Silah were arrested in the Netherlands earlier this week after being sought by the FBI since 2008 for removing their children from the United States without the consent of their custodial mothers, announced Steven Martinez, Assistant Director in Charge of the FBI office in Los Angeles.
John Silah and George Silah were wanted for the alleged July 2008 abduction of their children from their homes in Los Angeles, California. A state arrest warrant for parental abduction was issued by Los Angeles County on July 31, 2008. A federal arrest warrant was issued for the Silah brothers on October 15, 2008 by the United States District Court, Central District of California, after they were charged with unlawful flight to avoid prosecution.
After following domestic and international leads in this investigation, agents with the FBI and detectives with the Los Angeles Police Department directed their focus overseas. Several months ago, the investigation led to the area of Athens, Greece. Greek law enforcement officers conducted an exhaustive investigation that led them to the Netherlands, where they collaborated with Dutch law enforcement. The investigative efforts of law enforcement in Greece and the Netherlands resulted in the identification of the Silah brothers and the victim children.
Once the whereabouts of the brothers and the children were known, agents in Los Angeles obtained a provisional arrest warrant that enabled law enforcement in the Netherlands to carry out the arrest of the brothers and to safely recover the children on Tuesday, November 2.
The successful arrests and recovery of the children would not have been possible without the international cooperation of the following law enforcement agencies and organizations:
- The Hellenic National Police, Attica HQ, Athens, Greece & Juvenile Crimes Unit
- The Netherlands Police Agency (KLPD)
- Dutch National Prosecutor’s Office
- The Los Angeles Police Department
- The United States Attorney’s Office in Los Angeles
- The United States Department of State
- The District Attorney’s Office in Los Angeles County
- Agents with the FBI's Los Angeles Field Office
- FBI's Legal Attaché in Athens, Greece
- FBI’s Legal Attaché Sub-Office in The Hague, Netherlands
- Department of Justice, Office of International Affairs
- The National Center for Missing and Exploited Children
- The Association for the Recovery of Children
- Find the Children of Santa Monica
The wanted flyers seeking assistance in this investigation were posted at the FBI’s website at the following links:
The victim children are being held by Dutch family protective services. FBI agents will travel with the victims’ mothers to the Netherlands to reunite them with their children. The Silah brothers are being held in the custody of Dutch police based on the provisional arrest warrant issued in the United States.
There are pending state and federal charges for the Silah brothers. The United States government will seek justice for the victims, working cooperatively with our international partners.
Your comment about use of the term "recovered" with respect to kidnapped children is very interesting. In my view, the term may have become popular in this context because a kidnapped child is lost to the legal authority from whose control the child was removed, much like stolen goods are taken from their rightful owner. Perhaps you can seek its roots in the parens patriae doctrine.
ReplyDeleteWhen has a stolen car been recovered? When the police have found it and impounded it as evidence against the thief? Or later, after it has been returned to its rightful owner?
In the present case it does not appear that the children have been technically "recovered" yet, despite use of the term in the press release you quote. The same press release indicates that the children have neither been brought to the United States, nor even been reunited with their mothers. Indeed, depending on the defenses raised in the Netherlands by the fathers who are alleged to have abducted them, the children may still never be recovered at all. Time will tell.
Thank you for your keen observation and status on the case.
ReplyDeleteAs for examining the Parens Patriea doctrine, my book comes out next year.