Through this statement, the “Streha” Center and the Alliance against LGBT Discrimination provide a documented summary of the institutional process followed in 2015 to address the case of Luana Myrto, a case about which there has been speculation in traditional and social media.
Many elements of this case have been repeatedly made public on television and social media by Luana Myrto herself, including the fact that in 2015 this person was a minor. We have chosen to carefully share only the necessary information to explain the process followed, without providing details that contradict the preservation of the confidentiality and integrity of the person involved, i.e., Luana.
Each of the steps explained below has been taken on the basis of the decisions of the state institutions responsible for the protection and care of minors, with which the Alliance Against LGBT Discrimination has collaborated on this case.
The process of obtaining protection and ongoing care for the minor in question, includes: (1) Identification of the case; (2) Taking protection; (3) Temporary housing; and (4) Long-term accommodation.
Initial identification:
1. The case was first identified at school X in Durrës, where the psychologist of the institution was informed by the minor about disturbing problems in the family and community. The psychologist immediately notified the Coordinator of a local non-profit organization, who held meetings with the minor and his mother.
2. In December 2014, the Coordinator of this organization officially referred the case to the Directorate of Social Services at the Municipality of Durrës.
3. Subsequently, the Specialist for Domestic Violence in the municipality of Durrës notified the relevant sector and the Child Protection Worker in this municipality, according to the standard referral procedure, in accordance with the provisions of Law no. 10 347, dated 04.11.2010 “On the protection of children’s rights”, Decision of the Council of Ministers (DCM) no. 334, dated 17.02.2011 and DCM no. 265, dated 12.04.2012.
4. In February 2015, the minor voluntarily presented himself to the Alliance Against LGBT Discrimination (‘Alliance’), where he self-declared the difficult situation he was in, the fact that he had left home and the fact that he was living with strangers. After the formal assessment, it was found that this minor was in a situation of living on the street and at high risk to life and health. The Alliance immediately informed the parents of the minor and referred this case to the Child Protection Office and the Directorate of Social Service of the Municipality of Durrës.
5. Subsequently, the Child Protection Worker (PMF) at the Municipality of Durrës convened the meeting of the Multidisciplinary Technical Group (GTM), an inter-institutional mechanism at the local government level, mandated by DCM No. 265, dated 12.04.2012 “On the establishment and functioning of the mechanism of coordination of work between the state authorities responsible for the referral of cases of children at risk, as well as the manner of its proceedings”. GTM invited the Alliance to participate in this meeting.
Formal identification:
1. The minor appeared accompanied to carry out the relevant denunciation at the Police Station No. 3 in Tirana. Based on the facts presented during the criminal report, the Judicial Police Officer decided to take the minors into custody.
2. GTM concluded that the minor was high risk and should be taken into immediate protection and drafted the Work Plan for addressing this case.
3. ARSIS completed Annex 9.12, according to DCM no. 582/2011, categorizing the case as a Potential Victim of Trafficking and referred it to the state Responsible Authority.
Safe Emergency Protection and Shelter:
1. The police activated the referral mechanism according to DCM no. 582/2011, notified the emergency service of the ARSIS organization and took the minor into emergency protection.
2. At the end of the emergency accommodation and in implementation of the work plan of GMT to address this case, in February 2015, both parents of the minor signed a Notarial Declaration of Agreement for the Accommodation of the Minor in Social Care Institutions, according to DCM no. 425, dated 27.06.2012 and DCM no. 839, dated 03.12.2014.
3. In the GTM Work Plan, three housing alternatives were foreseen: the organization “Other Vision”, the SOS Village and the Alliance with the “Shelter” service. Since “Other Vision” and SOS Village could not accommodate the minor, the Child Protection Worker of the municipality of Durrës approved the temporary accommodation of the minor in the Alliance’s Shelter service, until a long-term solution was found.
Temporary Accommodation:
1. From February to May 2015, the minor was accommodated in the Alliance Shelter service, where he was offered shelter, psycho-social support and non-formal education activities. We emphasize that the Streha service does not provide any health service, but refers cases to the public health system. Regarding the education of the minor, in March 2015 the Alliance asked the Regional Education Directorate (DAR) in Tirana to enroll this minor in school.
2. During the three months when this minor stayed in the Shelter service, the Alliance continued the institutional communication with the General Directorate of the State Social Service for the long-term housing of the minor. Meanwhile, from the meetings held with the minor’s family members, it turned out that it was not possible to return to the family or relatives.
3. During the entire period of stay at the Shelter Center, there was no complaint and/or concern raised by the minor or family members about the quality and conditions of service at the Shelter.
4. In May 2015, the minor conducted a formal interview with the State Police and Annexes 9.2, 9.3 and 9.4 were completed, in accordance with the standard procedures set out in DCM no. 582, dated 27.07.2011 “On the approval of standard action procedures for the identification and referral of victims/potential victims of trafficking”. At the end of the interview, it was formally concluded that the minor was a Potential Victim of Trafficking.
Long-term housing:
1. In May 2015, the minor was officially transferred to the long-term shelter of the organization “Other Vision”, a process documented through Annex 9.8 “Declaration of taking care of the minor by care institutions”.
2. With this institutional action, the accommodation of this minor in the Shelter service was completed.
In conclusion, we emphasize that the case of the minor in question has been handled in full compliance with the law and bylaws in force, with official state procedures and with national and international standards for the protection of minors. Any insinuation that suggests the opposite, contradicts the official documentation, the institutional cooperation followed and any evidence administered in the file. The use of this case in a distorted and speculative way, constitutes not only misinformation of the public, but also a violation of the dignity, professional and institutional integrity of all actors involved.
Note: The procedures described in this document are entirely based on the legal and sub-legal framework in force during the period February – May 2015, when the minor in question received services from the Shelter, respecting the standards set out in:
● Law no. 10 347, dated 04.11.2010 “On the protection of children’s rights”;
● DCM no. 334, dated 17.02.2011 “On the mechanism of coordination of work for the referral of cases of violence in family relations and the manner of its proceeding”;
● DCM no. 265, dated 12.04.2012 “On the establishment and functioning of the mechanism of coordination of work between the state authorities responsible for referring cases of children at risk, as well as the manner of its proceedings”;
● DCM no. 582, dated 27.07.2011 “On the adoption of standard action procedures for the identification and referral of victims/potential victims of trafficking”;
● DCM no. 425, dated 27.06.2012 “On the determination of the criteria and the necessary documentation for the admission of persons to public and non-public residential institutions of social care” and DCM no. 839, dated 03.12.2014 “On some additions and amendments to DCM no. 425, dated 27.06.2012”;
● Instruction no. 10, dated 25.02.2015 “On the ways, forms of cooperation and procedures of intervention to help children at risk for the institutions and main structures responsible for child protection”.