Topic 2 Scenario 2

  • Naya is an asylum seeker from Afghanistan and she is an asylum seeker in an EU member State. She is married to B who is national of the said EU Member State. Naya brings a criminal complaint before the police for domestic violence of B against her and their 2 children 6 and 8 years old. She does not have money to hire a lawyer. In the police she receives interpretation in English offered by a police officer. Naya is not able to express herself in English. B, claims that he is the victim of a fake criminal complaint and requests custody of the children.
  • Identify key questions in relation to the rights granted to Naya from the early stages of the procedure. How should her identification as a victim with specific special needs take place? What procedural guarantees need to be put in place?