E/CN.4/1995/91/Add.1
page 31
2.
The operative part of the above-mentioned judicial decision is
reproduced below:
’The Mozos de Escuadra of the autonomous police of the Generalitat
of Catalonia are authorized to go and round up immediately the
minors, about whom nothing is known as to their identity,
nationality or other personal particulars and who may be found at
the private home located at Castellar des Vallés (Avda. Can Piñol,
No. 45, Ubanización Airesol, Sector D) under the authority of the
destructive sect known as "Children of God - Family of Love" or
"Missionary Families" or "Missionary Families of Montserrat", in
order to have them admitted forthwith to the "San José de la
Montaña" reception centre, placing them in the hands of the
Directorate of Child Welfare, Generalitat of Catalonia, which of
its own motion shall assume custodial responsibility for the
children, so long as no other measure has been taken, in accordance
with the law.’
3.
On 8 July 1990, in accordance with the above-mentioned judicial
warrant, the Catalan police took away 21 minors from the property
referred to and had them provisionally admitted to the San José de la
Montaña Centre in Barcelona, placing them under the protection and
control of the Directorate of Child Welfare, which is entrusted with the
requisite powers and functions under Act No. 21/87 of 20 November
amending certain articles of the Civil Code and the Civil Procedure Act
in respect of family placements, adoption and other forms of protection
for minors, in conjunction with Catalan legislation.
4.
In accordance with the above-mentioned judicial decision and the
provisions of article 172 et seq. of the Civil Code, Decree No. 332/1988
of 21 November and Decree No. 380/1988 of 1 December concerning the
powers and structure of the Directorate of Child Welfare, the latter, by
administrative decision, declared the minors to be in need of care and
placed them under its control, granting custody to the director of a
recognized centre, namely, the ’San José de la Montaña’ reception centre.
This decision was notified in particular to the fourth examining
court of Sabadell, the United States Consulate General in Barcelona and
the Public Prosecutor’s Department and, subsequently, to the parents of
the minors, once their identity had been established.
5.
Availing themselves of their rights under the Civil Code, the
parents of the minors informed the nineteenth court of first instance
(domestic court) of Barcelona of their opposition to that decision.
6.
Subsequently, the second examining court of Sabadell, to which the
criminal action brought by the fourth examining court of Sabadell on
2 August 1990 had been referred, instructed a psychologist and an
educator from the Directorate of Child Welfare to make a diagnosis, to
monitor the development and behaviour of the children and to coordinate
and supervise the action of the technical team responsible for studying
the case.