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Ana Kriégel murder: What next for Irish youth justice? | Ana Kriégel murder: What next for Irish youth justice? |
(about 8 hours later) | |
It is a case that will haunt Ireland for years to come. | It is a case that will haunt Ireland for years to come. |
Two teenage boys, known only as Boy A and Boy B, have been sentenced for murdering another child. | Two teenage boys, known only as Boy A and Boy B, have been sentenced for murdering another child. |
That child was Ana Kriégel. A talented 14-year-old schoolgirl who, by all accounts, just wanted to have friends. | That child was Ana Kriégel. A talented 14-year-old schoolgirl who, by all accounts, just wanted to have friends. |
She was found dead in May 2018, in an abandoned house in Dublin, where she had been taken by one of the boys. | She was found dead in May 2018, in an abandoned house in Dublin, where she had been taken by one of the boys. |
Her brutal killing shook Ireland to its core - because her killers were just 13 years of age. | Her brutal killing shook Ireland to its core - because her killers were just 13 years of age. |
Now 15, after a six-week trial, in June they became the youngest people in Irish history to be convicted of murder. | Now 15, after a six-week trial, in June they became the youngest people in Irish history to be convicted of murder. |
Boy A was also convicted of aggravated sexual assault and was sentenced at Dublin's Central Criminal Court to life for murder and aggravated sexual assault, with a review period after 12 years. | Boy A was also convicted of aggravated sexual assault and was sentenced at Dublin's Central Criminal Court to life for murder and aggravated sexual assault, with a review period after 12 years. |
Boy B was sentenced to 15 years detention, with a review after eight years. | Boy B was sentenced to 15 years detention, with a review after eight years. |
It is a case which is unprecedented. | It is a case which is unprecedented. |
The age of both the perpetrators and victim sparked intense public outrage and debate. | The age of both the perpetrators and victim sparked intense public outrage and debate. |
Who was Ana Kriégel? | Who was Ana Kriégel? |
Ana was born in Russia in February 2004, and at the age of two was adopted by Irish woman Geraldine Kriégel and her French-born husband, Patric, who lived in Lucan, Dublin. | Ana was born in Russia in February 2004, and at the age of two was adopted by Irish woman Geraldine Kriégel and her French-born husband, Patric, who lived in Lucan, Dublin. |
Her mother has said it had been the happiest day of their lives when they were allowed to adopt her. | Her mother has said it had been the happiest day of their lives when they were allowed to adopt her. |
She was a keen dancer and singer, practising for hours in her bedroom and often posting videos of her dancing on YouTube. | She was a keen dancer and singer, practising for hours in her bedroom and often posting videos of her dancing on YouTube. |
She was, in many ways, a typical teenage girl who loved to listen to music and use her various social media accounts. | She was, in many ways, a typical teenage girl who loved to listen to music and use her various social media accounts. |
At 5ft 8in (1.7m), she was tall and strong - a good swimmer and gymnast. | |
But she also suffered horrific bullying and was targeted on social media in the months leading up to her death. | But she also suffered horrific bullying and was targeted on social media in the months leading up to her death. |
What do we know about her killers? | What do we know about her killers? |
Criminal defence barrister for the eastern circuit and Dublin, Irene Sands, says Ana's teenage killers "weren't giving off stereotypical red flags". | Criminal defence barrister for the eastern circuit and Dublin, Irene Sands, says Ana's teenage killers "weren't giving off stereotypical red flags". |
She said aside from the obvious horrific details of the case - the case struck a chord with "middle-class Ireland". | She said aside from the obvious horrific details of the case - the case struck a chord with "middle-class Ireland". |
"Most people felt that Ana could be their daughter, sister or classmate in school," she says. | "Most people felt that Ana could be their daughter, sister or classmate in school," she says. |
However, many people also felt the boys could have been their sons, brothers or next door neighbours, she feels. | However, many people also felt the boys could have been their sons, brothers or next door neighbours, she feels. |
They could have been anyone. | They could have been anyone. |
"It was two boys from good homes and decent families, no concerning background, no gardaí (Irish police) attention." | "It was two boys from good homes and decent families, no concerning background, no gardaí (Irish police) attention." |
It seemed, they weren't so-called "typical troubled teens", she says. | It seemed, they weren't so-called "typical troubled teens", she says. |
"One of the boys was the first remanded in custody in Ireland to ask for Lego," she adds. | "One of the boys was the first remanded in custody in Ireland to ask for Lego," she adds. |
"It reminds you of the fact that they were 13 - they're actually little boys - they're so young." | "It reminds you of the fact that they were 13 - they're actually little boys - they're so young." |
How did police handle the case? | How did police handle the case? |
Irish police have been praised for their approach to the investigation. | Irish police have been praised for their approach to the investigation. |
"The guards handled it particularly well," says Ms Sands. | "The guards handled it particularly well," says Ms Sands. |
The Children Act 2001 is what sets the parameters within which police in Ireland have to operate when they deal with juvenile offenders. | The Children Act 2001 is what sets the parameters within which police in Ireland have to operate when they deal with juvenile offenders. |
She says they went "over and above to comply with the act in terms of how they interacted with the offenders". | She says they went "over and above to comply with the act in terms of how they interacted with the offenders". |
"It is self-evident that in terms of the evidence gathered - very little was deemed inadmissible," she said. | "It is self-evident that in terms of the evidence gathered - very little was deemed inadmissible," she said. |
"That's the best evidence in terms of how good a job the gardaí did. | "That's the best evidence in terms of how good a job the gardaí did. |
"None of it was deemed inadmissible because of any wrongdoing by the guards, including their interviews." | "None of it was deemed inadmissible because of any wrongdoing by the guards, including their interviews." |
Did pornography play a role? | Did pornography play a role? |
Ms Sands believes one of the major talking points to come out of the trial was not heard by the jury. | Ms Sands believes one of the major talking points to come out of the trial was not heard by the jury. |
It was revealed in court that Boy A had searched online for "child porn" and "animal porn" and had thousands of pornographic images on two mobile phones. | It was revealed in court that Boy A had searched online for "child porn" and "animal porn" and had thousands of pornographic images on two mobile phones. |
The judge refused to allow the prosecution to include this evidence as he said it was "highly prejudicial". | The judge refused to allow the prosecution to include this evidence as he said it was "highly prejudicial". |
"All this was inadmissible to the jury," says Ms Sands. | "All this was inadmissible to the jury," says Ms Sands. |
"But the accessibility of pornography to teenagers has become a huge issue". | "But the accessibility of pornography to teenagers has become a huge issue". |
The issue came up for discussion in the Dáil (Irish parliament). | The issue came up for discussion in the Dáil (Irish parliament). |
The Taoiseach (Irish Prime Minister) Leo Varadkar, has said the government would monitor a UK-plan to restrict access to pornography. | The Taoiseach (Irish Prime Minister) Leo Varadkar, has said the government would monitor a UK-plan to restrict access to pornography. |
In the UK, an age-check scheme designed to stop under-18s viewing pornographic websites was due to come into force but has since been dropped. | In the UK, an age-check scheme designed to stop under-18s viewing pornographic websites was due to come into force but has since been dropped. |
Can anonymity be guaranteed? | Can anonymity be guaranteed? |
Under Irish law, Boy A and B are entitled to anonymity. | Under Irish law, Boy A and B are entitled to anonymity. |
The Children Act prohibits identification of minors accused or convicted of a crime and the boys' identities will remain protected even after they turn 18. | The Children Act prohibits identification of minors accused or convicted of a crime and the boys' identities will remain protected even after they turn 18. |
They will never be named. | They will never be named. |
But what happens when enshrined law meets modern technology? | But what happens when enshrined law meets modern technology? |
Pictures and names of the boys have appeared on social media. | Pictures and names of the boys have appeared on social media. |
In July, the Central Criminal Court ordered Facebook and Twitter to remove any photographs or any other material identifying the two boys. | In July, the Central Criminal Court ordered Facebook and Twitter to remove any photographs or any other material identifying the two boys. |
A journalist was fined €2,500 (£2,156) after he named one of the boys during a live radio broadcast and the radio station was fined €10,000 (£8,625). | A journalist was fined €2,500 (£2,156) after he named one of the boys during a live radio broadcast and the radio station was fined €10,000 (£8,625). |
Regardless of court orders though, once a name or picture has been seen or heard is the damage done? | Regardless of court orders though, once a name or picture has been seen or heard is the damage done? |
Youth justice criminologist Prof Phil Scraton, from Queen's University Belfast, says social media must not inform any judicial decisions. | Youth justice criminologist Prof Phil Scraton, from Queen's University Belfast, says social media must not inform any judicial decisions. |
"Social media is there and we have to deal with it but we should never make any decisions around it." | "Social media is there and we have to deal with it but we should never make any decisions around it." |
Ms Sands says while anonymity is an important principle, it is in practice, difficult. | Ms Sands says while anonymity is an important principle, it is in practice, difficult. |
"Ireland is a postage stamp and it's likely their local communities know who they were," she adds. | "Ireland is a postage stamp and it's likely their local communities know who they were," she adds. |
"They were at school one minute, then missing for two months," she adds. | "They were at school one minute, then missing for two months," she adds. |
She says while the anonymity the act is serving to protect is, in theory, well intended there are "practicalities" that must be considered. | She says while the anonymity the act is serving to protect is, in theory, well intended there are "practicalities" that must be considered. |
"When you have only one detention centre in Ireland and you have two juveniles arriving in it, the reality of protecting anonymity is difficult and unrealistic," she says. | "When you have only one detention centre in Ireland and you have two juveniles arriving in it, the reality of protecting anonymity is difficult and unrealistic," she says. |
When can a child become a criminal? | When can a child become a criminal? |
The case throws up important questions about age and responsibility. | The case throws up important questions about age and responsibility. |
In the Republic of Ireland the age of criminal responsibility is 12 but a child over the age of 10 can be charged with more serious offences such as murder, manslaughter, rape and aggravated sexual assault. | In the Republic of Ireland the age of criminal responsibility is 12 but a child over the age of 10 can be charged with more serious offences such as murder, manslaughter, rape and aggravated sexual assault. |
In Northern Ireland it is 10. The Youth Justice Review team says it should be raised to 12, with a view to considering raising it to 14. | In Northern Ireland it is 10. The Youth Justice Review team says it should be raised to 12, with a view to considering raising it to 14. |
In England and Wales it is 10 and has been increased from eight to 12 in Scotland. | In England and Wales it is 10 and has been increased from eight to 12 in Scotland. |
Prof Scraton says he believes with such a low age of criminal responsibility, we are "in danger of criminalising children early". | Prof Scraton says he believes with such a low age of criminal responsibility, we are "in danger of criminalising children early". |
He has done extensive research on the marginalisation and criminalisation of children and young people. | He has done extensive research on the marginalisation and criminalisation of children and young people. |
He worked on the James Bulger case, which was widely considered to have been a turning point for youth justice in the UK. | He worked on the James Bulger case, which was widely considered to have been a turning point for youth justice in the UK. |
Two-year-old James was killed in Merseyside by two 10-year-old boys in 1993. | Two-year-old James was killed in Merseyside by two 10-year-old boys in 1993. |
The European Court of Human Rights found his killers, Robert Thompson and Jon Venables, both tried in public in an adult court, did not get a fair trial. | The European Court of Human Rights found his killers, Robert Thompson and Jon Venables, both tried in public in an adult court, did not get a fair trial. |
Arguably, Ana's murder has revived memories of that case in Irish society. | Arguably, Ana's murder has revived memories of that case in Irish society. |
'Period of transition' | 'Period of transition' |
Prof Scraton says there is a "contradiction at the heart of this discussion". | Prof Scraton says there is a "contradiction at the heart of this discussion". |
That contradiction, he believes, is the age at which children are held to criminal account versus the age at which they are given rights in society. | That contradiction, he believes, is the age at which children are held to criminal account versus the age at which they are given rights in society. |
It's an age he believes, that both in the UK and Ireland, is too young. | It's an age he believes, that both in the UK and Ireland, is too young. |
"Childhood is a period of transition," he says. | "Childhood is a period of transition," he says. |
"In a whole range of other areas of our lives we map that transition according to age and the age we usually agree on is 15 to 18. | "In a whole range of other areas of our lives we map that transition according to age and the age we usually agree on is 15 to 18. |
"Then we agree - they can do things like get married, vote, drive and drink alcohol in public places. | "Then we agree - they can do things like get married, vote, drive and drink alcohol in public places. |
"We make an exception in one case and that is the age of criminal responsibility. | "We make an exception in one case and that is the age of criminal responsibility. |
"In this one area we are saying they have full adult capacity when they're much younger - a ridiculous contradiction." | "In this one area we are saying they have full adult capacity when they're much younger - a ridiculous contradiction." |
What should the boys' sentences be about? | What should the boys' sentences be about? |
Prof Scraton says while children do not have what we would consider "full adult capacity" this does not, he says, mean we should not do anything. | Prof Scraton says while children do not have what we would consider "full adult capacity" this does not, he says, mean we should not do anything. |
"I think it's really important that we do intervene but intervene appropriately," he says. | "I think it's really important that we do intervene but intervene appropriately," he says. |
"That is what happens for example in Scandinavian countries where there will be work done with that child to ensure they understand what they have done". | "That is what happens for example in Scandinavian countries where there will be work done with that child to ensure they understand what they have done". |
When he worked in Sweden and Norway "as soon as it was found they were children there was a moratorium on reporting", he says. | When he worked in Sweden and Norway "as soon as it was found they were children there was a moratorium on reporting", he says. |
In Scandinavia, the age of criminal responsibility is 15. | In Scandinavia, the age of criminal responsibility is 15. |
But is the public mood out of step with what researchers like him think? | But is the public mood out of step with what researchers like him think? |
Many people on social media have called for the boys to be locked up for life. | Many people on social media have called for the boys to be locked up for life. |
After sentencing, Drogheda-based barrister Sarah Jane Judge told RTÉ the court was faced with the question: "How do we vindicate the life of this little girl who was so violently killed while also accounting for the fact that they (her killers) are children themselves?" | After sentencing, Drogheda-based barrister Sarah Jane Judge told RTÉ the court was faced with the question: "How do we vindicate the life of this little girl who was so violently killed while also accounting for the fact that they (her killers) are children themselves?" |
What happens next? | What happens next? |
The two 15-year-olds have been in detention since their convictions in July. | The two 15-year-olds have been in detention since their convictions in July. |
As juveniles, they will go to Oberstown Children Detention Campus in north County Dublin. | As juveniles, they will go to Oberstown Children Detention Campus in north County Dublin. |
Section 96 of the Children Act sets out that any period of detention should be "imposed only as a measure of last resort". | Section 96 of the Children Act sets out that any period of detention should be "imposed only as a measure of last resort". |
Ms Sands explains the focus will be on rehabilitation and ultimate reintegration into society much more so than it would be in an adult prison. | Ms Sands explains the focus will be on rehabilitation and ultimate reintegration into society much more so than it would be in an adult prison. |
"The services provided in Oberstown are excellent. They have a view to equipping the children as best they can for when they come out and have to ultimately reintegrate," she said. | "The services provided in Oberstown are excellent. They have a view to equipping the children as best they can for when they come out and have to ultimately reintegrate," she said. |
"There is a lot of victim impact work that is done - victim empathy and awareness. There is a lot of intervention work done." | "There is a lot of victim impact work that is done - victim empathy and awareness. There is a lot of intervention work done." |
If the period of detention extends beyond the child turning 18, the Minister for Children and Youth Justice can authorise the transfer to a place of detention or prison. | If the period of detention extends beyond the child turning 18, the Minister for Children and Youth Justice can authorise the transfer to a place of detention or prison. |
In terms of their release, that is a matter for governors and minister for justice but the review period is fixed by the court. | In terms of their release, that is a matter for governors and minister for justice but the review period is fixed by the court. |
In sentencing the boys, the judge told them: "You have the opportunity for a second chance... something you so wrongfully and cruelly denied to Ana Kriégel." | In sentencing the boys, the judge told them: "You have the opportunity for a second chance... something you so wrongfully and cruelly denied to Ana Kriégel." |
But he said sentences must be proportionate not only to the crime but to the offender. Children must be treated differently from adults, he said, and age was a substantial mitigating factor. | But he said sentences must be proportionate not only to the crime but to the offender. Children must be treated differently from adults, he said, and age was a substantial mitigating factor. |
How will Ana Kriégel be remembered? | How will Ana Kriégel be remembered? |
Since her death, there has been a public outpouring of grief. | Since her death, there has been a public outpouring of grief. |
Her parents told the court they had been "broken" since she was murdered. | Her parents told the court they had been "broken" since she was murdered. |
Her mother said they brought Ana to a safe place, a quiet country village, a leafy village, where the only sounds in the morning were the doves cooing. | Her mother said they brought Ana to a safe place, a quiet country village, a leafy village, where the only sounds in the morning were the doves cooing. |
No-one, she said, could suspect the "evil that lay in wait for her". | No-one, she said, could suspect the "evil that lay in wait for her". |
In sentencing the boys, the judge said Ana's murder had resulted in a "life-long sentence" for the Kriégels. | In sentencing the boys, the judge said Ana's murder had resulted in a "life-long sentence" for the Kriégels. |
Reacting to the length of sentence, Ana's father Patric said: "For our part, we can only say that forever is not long enough." | Reacting to the length of sentence, Ana's father Patric said: "For our part, we can only say that forever is not long enough." |
It is impossible for the Irish public to know what will happen to her killers, but Ana will never get the chance to grow up and fulfil her dreams. | It is impossible for the Irish public to know what will happen to her killers, but Ana will never get the chance to grow up and fulfil her dreams. |
She will be forever 14. | She will be forever 14. |