It seems obvious that the decisions taken by the judges have consequences in the lives of the citizens. But sometimes these consequences can be fatal, and it is not easy for courts to formally acknowledge the existence of an error that opens the door to compensation from the State. The Constitutional Court has an appeal on the table that affects this issue, and possible related violation of fundamental rights His 11-year-old son, Cristian, is accused of being murdered by his own father in Beniel three years ago. David Sánchez, nicknamed ‘El Cartagenero’.
david convicted gender violence and had a restraining order on his ex-wife, Laura. But not the puppies that both have in common. Nothing about detention was addressed in court, and Custody of ex-spouse’s two children, who left two years before the crime. El Cartagenero continued to see minors from time to time. The man was also convicted by the Court of violating the protection order given to Laura. But despite his conviction for abuse and its violation, he was free.
The mother filed an appeal demanding that justice should recognize her. injusticethough not developed. It’s a constitutional issue.
Assurance court sources refer to this newspaper that its presentation Judge Antonio NarvaezIt was removed from the agenda of next week’s general assembly, where it first appeared, at the last minute.
However, they emphasize the constitutional interests of citizens by assessing the difficulty and official barriers they often find in defending their rights against acts of justice. most indirect violenceill-treatment of a woman by harming her sons and daughters.
The Court of Cassation rejected the statement of error necessary to claim compensation from the State.
In particular, it analyzes whether disproportionate application of rules upon termination of the act of declaration of misconduct. The purpose of this facility provided by law is to ensure formal recognition of wrongdoing, which is a basic requirement to be able to claim corresponding compensation from the State.
The same sources point to the precedent of the González Carreño case, which led the UN to warn Spain that it was not doing its due diligence. Angela Gonzalez Carreno She asked for help several times because she was worried about her daughter’s life, but the State didn’t protect her and her father killed her. The Supreme Court ordered that the recommendations of the United Nations Elimination Committee be followed. Discrimination Against Women (CEDAW) in favor of this maternal victim of violence by proxy. This allowed him to be compensated for the moral damages he suffered.
The police found the bodies of the father and son on the ground after reporting the late mother.
A similar situation is Itziar Prats: blamed her ex-husband for fearing he would do something to her daughters, not believed and two minors were killed. On this occasion, the Ministry of the Presidency decided to pay him and the grandparents of the girls one million euros in compensation by the Ministries of Justice and Interior and concluded that the attribution of damage could not be determined in a particular case or in a particular case. “The general functioning of the administration was inadequate and inadequate”.
impromptu request
In the case of the murder of little CristianNow reaching the Constitutional Court, mother Laura’s request for a statement of error of judgment could not be accepted by the Supreme Court in June 2020. the legal deadline for this has expired. He was even accused of paying procedural costs.
Itziar Prats blamed her ex-husband for fearing he would do something to her daughters and eventually killed them.
A lawsuit was filed against a sentence given in June 2019 by the Murcia No. 2 Court of Violence against Women, just a few weeks ago crime. In that decision, she was sentenced to six months in prison for ill-treatment, although Laura’s ex-husband was released on the condition that he had not committed a crime and had not approached or communicated with her within two years. days later, it led to further trials and a new expedited trial that did not end with his imprisonment.
He also stated that the decision convicts had no criminal recordLaura’s lawyer considers that her prison sentence should never have been suspended, ignoring the initial sentence for harassment handed down by the same judge. A few days later, on July 25 of that year, David Sánchez stabbed his young son to death at home and then hanged himself.
When the woman turns on the alarm because her ex took a long time to bring the child back, Beniel Local Police Moved into David’s apartment. Nobody opened the door. When they entered, the agents found the bodies of the father and son.
Supreme considers “proven, unproven, effective, and assessable damage” necessary.
What is judgment error for TS?
Although the decision did not go into its substance, it hinted at what the Supreme Court saw as an error of judgment, and because it was not defined in the law.vague legal concept It needs to be embodied cautiously by Judges and Courts”.
In order for it to be announced in this way, the Court of Cassation considers that it is necessary.”proven, not presumed, effective, evaluable damage‘ and rejects assumptions that ‘within a broad interpretation of the accepted or system, the orientation stigmatized as faulty fits, even if it is a minority in its field of scientific research or legal doctrine’. clear and obvious errors in the determination of the facts or in the application of the law,” he concludes.
If the state fails the victims and does not protect them, it is also responsible.
If the state fails to fulfill its obligations to protect victims, prevent violence, investigate, punish and repair victims, it is also liable, and its neglect and negligence of its obligations can have fatal consequences.
In fact, the failure of institutions to respond can also create a kind of sexist violence, institutional violence. In Spain, legislation requires improvement because it is currently only included in the autonomous laws of Catalonia and La Rioja, despite the fact that the United Nations already recognized it in 1993 and was included in the Istanbul Convention.
In Catalonia and La Rioja, institutional violence is defined as “acts and omissions of authorities, public personnel and any public institution or organization with the aim of delaying, hindering or impeding the access to public policies and the exercise of rights”. recognized by law against gender-based violence.
Source: Informacion
Anika Rood is an author at “Social Bites”. She is an automobile enthusiast who writes about the latest developments and news in the automobile industry. With a deep understanding of the latest technologies and a passion for writing, Anika provides insightful and engaging articles that keep her readers informed and up-to-date on the latest happenings in the world of automobiles.