Luxembourg’s Ombudsman for Children and Young People (OKaJu), Charel Schmit, has called for a broader discussion on how the welfare of the child is understood and applied in practice. He argues that the recent case revealed inconsistencies in how various child protection authorities interpret this concept.
In this specific situation, the Central Social Assistance Service (SCAS) determined that the child victim and the father, the alleged perpetrator, could continue living under the same roof because there was deemed to be no immediate threat to the child. This decision drew sharp criticism from victim protection organisations, who questioned whether a proper investigation had been conducted.
Schmit expressed disbelief, stating that the idea of a child living with someone who has committed a sexual offence against them is unacceptable. He stressed that child protection must always prioritise precaution over any other consideration. According to him, it is vital for all relevant authorities to align on what safeguarding children actually entails, especially since Luxembourg is bound by international conventions on the matter. He also suggested that the judiciary should be transparent with professionals about how decisions like these are reached, even if not made public.
Deputy Public Prosecutor David Lentz acknowledged the criticism, noting that many critics do not have access to the confidential case files. He pointed out, however, that the justice system is often accused of being too intrusive, particularly when it imposes emergency custody measures. He argued that if Luxembourg is typically criticised for acting too swiftly to remove children from their homes, then this case – where that did not happen – should be judged with the same nuance. In his view, any deviation from the usual approach requires proper context to assess whether a real risk was present.
Lentz confirmed that SCAS had, in fact, conducted an investigation and submitted a report. The conclusion, he said, was clear: there was no danger to the child at that time. That assessment led the investigating judge to lift the no-contact order, Lentz explained. He added that with no grounds for additional child protection measures, the child remained in the family environment.
This decision came after it was established in early 2023 that the accused had not only downloaded child abuse material, but had also produced it himself and abused his own daughter. This revelation came despite initial delays, as Europol had sent its first alert in 2019, and the police raid only took place 10 months later. Lentz admitted the delays were long but explained that the original leads were too vague to justify a search warrant. These leads included things like credit card numbers, phone numbers, or email addresses, he stated.
Once the public prosecutor’s office finds sufficient grounds, police investigators contact service providers for more information, which is then passed on to the investigating judge to decide whether to authorise searches. This is the standard legal process. In this case, Lentz noted, they were dealing with a large amount of data – enough to identify 46 individuals. Each required the same investigative process, which led to 46 separate files being handed over to judges for authorisation.
According to Lentz, each search required between three and five officers, and all 46 searches were scheduled to be carried out within a single week to avoid tipping off suspects. However, due to limited staff availability – especially during the Covid-19 pandemic – the operations had to be delayed.
The searches yielded vast amounts of data. Lentz said they found terabytes of photo and video material, all of which had to be carefully examined. At the time of the searches, investigators were unaware that the accused had produced abuse content himself or had harmed his own child.
Lentz explained that analysts look for identifiable details in the images – such as a bottle of Luxembourgish beer in the background – that could link the content to a specific individual or location. Only after finding such clues do they realise the material is not just downloaded but produced locally.
The full analysis was completed in early 2023. The man was charged, placed under judicial supervision, and a no-contact order was issued. SCAS then carried out its evaluation and concluded there was no longer an immediate risk, which led to the contact ban being lifted. This outcome was challenged by child protection advocates and organisations like OKaJu.
Lentz defended the decision, saying that if the specialist service concluded there was no present risk, there was no legal basis to remove the child from the family. He added that, on a human level, if those who professionally assess family dynamics say the situation poses no danger, then he does not see himself in a position to override that assessment.
In March, the man was convicted and sentenced to 13 years in prison. Eight of those years were suspended, including five subject to specific conditions. He has appealed the ruling, meaning the sentence is not yet final.
