Riyaz Patel
A Latvian mother is facing the prospect of extradition to South Africa from Denmark to face trial after fleeing with her children, prompting questions over whether Latvia has done enough to represent its citizen in a complex international legal wrangle.
Kristīne Misāne formerly had a South African partner with whom she had one of her two children.
They became estranged and most of the time the children lived with her in Mozambique, though the father still had right of access to his child on a regular basis.
She fled with them to Latvia in May 2018.
In doing so she violated the terms of her husband’s right to see one of her two children and opened herself up to charges of child abduction, forgery and fraud.
In December 2018, she boarded a flight from Rīga to Mozambique but was detained in transit at Copenhagen airport as South African authorities had put her on their international wanted list.
She has been in detention in Denmark ever since.
Meanwhile the children are reportedly being cared for by Misāne’s sister in Latvia, who told a Latvian publication that she had fears both about the “harshness of the South African prison system” and about whether Misāne would ever see her children again.
Reports say there was an “opportunity” at the start of 2019 for Misāne to return to Latvia from Denmark after the Danish authorities wrote a letter asking if Latvia intended to pursue a criminal case of its own, which would have opened the way for Kristine to be sent home for potential trial, taking precedence over the South African extradition request.
However, the Prosecutor General’s office replied in the negative, as under Latvian law the alleged offences would not warrant a jail term of a year or more, the requirement for an extradition order.
That decision removed the last barrier for South Africa’s extradition request to Denmark.
However, in November 2019 the Latvian Prosecutor General’s office wrote to its Danish counterpart asking it “to urgently consider the request to defer the extradition to the Republic of South Africa of the citizen of the Republic of Latvia Kristīne Misāne… having additionally considered whether… her human rights will be respected in the Republic of South Africa.”
The letter added that “serious violations of human rights in the Republic of South Africa that would significantly endanger the citizen of the Republic of Latvia.”
Misāne’s case was also discussed at the WEF In Davos, where the President of Latvia, Egils Levits, presented an official letter to International Relations Minister Naledi Pandor to pass on to President Cyril Ramaphosa.
The letter, according to the Latvian presidency, “offers South Africa to sign bilateral agreement for judicial cooperation in criminal matters.”
Levits also outlined the main details of Misāne’s case to International Relations Minister Naledi Pandor who reportedly “promised to notify the Minister for Justice” upon her return to South Africa.
In another twist, the Latvian Justice Ministry also wrote to the Danes expressing “deep concern” about the planned extradition to South Africa and asking that it be be put on hold at least until a decision was forthcoming from the European Court of Human Rights, to which an application was made by Misāne’s lawyers.
The Justice Ministry letter also records that on October 30, 2019, Latvia’s ambassador to Denmark delivered a note to the Danish Foreign Ministry with a request not to extradite Misāne to South Africa.
Latvian Foreign Ministry press secretary Jānis Beķeris said: “This is not a simple situation. We will continue with our work, providing consular support to our citizen if necessary also in South Africa.”
Denmark’s CPH Post reported that a tearful Misāne told them she “feared the South African prison system.”
“I’ve always been a loving and responsible mother. A Latvian citizen. I was fleeing from violence. I feared for my children’s safety and welfare. I know I have broken the law and must answer for it,” she said, adding, “Let me pay the necessary penalty in Latvia… where I can see my children.”
On January 15, protests were held in both Latvia and Denmark in support of Misāne.
Protesters claimed that Denmark has violated the European Convention that forbids the extradition of EU citizens for prosecution in so-called third-world countries, calling on the Denmark’s minister of justice to suspend Misāne’s extradition and asking for the case to be re-adjudicated.
