The tools were in place to avoid the lack of judicial coordination that allowed little Jordi’s father, who had been convicted of gender-based violence, to agree to joint custody and even a visitation regime with his son, who was allegedly killed eight days earlier. The Department of Equality has allowed a family court to check in just three minutes whether a man has been convicted of ill-treatment or is therefore subject to injunctive relief, which allows it to check whether a man has been convicted of ill-treatment, and that is only three He had it checked out within minutes. must be verified in all divorce and separation processes.
The murder of this 11-year-old in Sueca (Valencia) led the Ministry of Equality to analyze possible failures of the State to protect the mother and her young child, which condemns gender-based violence. Although one court granted the man a final conviction for sexist abuse, another court in the same town upheld the mutually agreed divorce with custody of the child a month later.
due diligence
Numerous voices are demanding the implementation of a warning system that informs family courts that there is a procedure for gender-based violence, while others are demanding legislative changes that force the judicial system to ensure that there has been no previous instances of violence. divorce decisions. However, Victoria Rosell, a Government delegate against Gender-Based Violence, argued that neither legislative changes nor new tools were necessary.
And it’s not necessary, he explained at a press conference, because Spain has a duty to take care of women and their children, that is, to ensure that institutions are doing everything they can to protect them. And this due diligence for consulting Administrative Records System (SIRAJ) to support the Administration of Justicea database that makes it possible to check in just three minutes whether a man has been convicted of harassment or is subject to precautionary measures such as suspension orders for the same reason.
Rosell stated that all jurisdictions have access to find out if they have access to SIRAJ. distance measures: “We understand that within the task of due diligence is to already register and take into account all the platforms to which you have access. (…) We would be in favor of an automatic alert, but we do not want to just connect. This possibility is telematics and in the hands of Adalet, which includes three minutes of consultation due diligence is a database that any judicial body can access.”
There are many courts that already do this. good practice, told.
Equality analyzed possible institutional failures surrounding indirect crime. Swedish (Valencia). Rosell emphasized that the only criminal responsibility lies with the so-called aggressor, that there is no causal relationship between murder and violation of justice, but that there should be gaps in which inter-agency coordination can be improved to ensure rigor. .
He described it as “really serious”, although he denied that there were those who blamed the victims for the situation and that they were leaving. “Search for errors in specific operations”, considers it necessary to “seek corporate responsibilities to improve response”. “No institution should be offended if its functioning is investigated, and in this case it is the functioning of the administration of justice.”
More coordination needed
In case of murder by proxy of Sueca (Valencia), court number 4 In making a final verdict for gender-based violence in August 2021, court no. 5 (family) upheld the divorce by mutual agreement with joint custody, without ensuring that eviction and conviction measures were taken.
The law prohibits the establishment of joint custody and visitation regimes for men convicted of sexist violence, and also establishes that the violence court must take responsibility for divorce and other civil measures in cases of abuse.forced the family court to withdraw from the case.
While the civil court did not confirm that the man had been convicted of gender-based violence, the violence court did not request that the divorce case be taken over, even though the report indicated that the female victim was in the divorce phase.
“These courts not coordinated with each other enough,” he pointed.
The Government delegate against Gender-Based Violence emphasized that: “beyond this unfortunate case”, Justice should always access SIRAJ to check if there has been a case of violence in the couple requesting separation and also ask women directly in reserved conversations.
Equality, a warning system, favors the jurisdiction of Justice, but Rosell is a more coordination by means that already exist between the courts.
Since 2013, 47 children have been killed by their parents or mothers’ partners or ex-partners. crimes of priests.
ask for help
016 It helps victims of all forms of violence against women. It is a free and confidential phone that provides service in 53 languages and does not leave a mark on the bill. Information is also provided via e-mail. [email protected] Counseling and psychosocial care via WhatsApp number 600 000 016. In addition, minors can contact ANAR phone. 900202010. All resources against gender-based violence.