The case concerns a serious homicide in which a husband, Bara Ndiaye, a man of Senegalese descent, killed his wife Maguette with a series of stab wounds in September 2018. He fled the scene, leaving behind their two young daughters, ages two and four. The girls were rescued seven hours later. The incident raised urgent questions about the mental distress observed in the children, which appeared to follow their traumatic experiences during and after the attack.
The Vizcaya State Court issued the sentence in December of the prior year after Ndiaye was found guilty by a public jury of murder and related offenses. The verdict involved charges of murder, abandonment of minors, and habitual abuse, along with allegations of mental injuries among the children. A distinct aspect of the case centered on a provision that assigned four years of punishment for each mental-injury related offense. The high court later annulled this component, arguing that it could not be proven whether the children’s mental health issues stemmed from witnessing the crime or from the broader experience of abandonment, thus necessitating an independent assessment for those charges. This annulment effectively separated the mental-health considerations from the wounding crime, preventing a consolidated conviction on those specific counts.
The appellate decision maintained aspects of Ndiaye’s defense appeal, confirming the overturning of certain elements of the prior conviction. In the latest proceedings, the two daughters were reported to have resumed psychotherapy after a lengthy interruption of more than three years. One child was described as showing associated psychological effects, including post-traumatic stress with notable cognitive, emotional, and behavioral impairment and a poor prognosis. The other child was described as experiencing mutism and other emotional and behavioral effects with an uncertain prognosis following post-traumatic stress. These assessments illustrate the enduring impact that the event has had on the minors’ well-being and development.
According to the trial sentence, the husband reportedly mistreated his wife and killed her while she slept in September 2018. The living room of the family home, which served as a bedroom for the wife and children, became the scene of the violence, with the perpetrator inflicting at least 83 stab wounds before ultimately slitting her throat. The attack left the two young girls alone in the household, in a vulnerable state, and it was noted that a travel cot was used to keep a door from closing entirely. A neighbor’s testimony described hearing the girls’ cries seven hours after the event, which prompted the emergency response and investigation that followed.
The court also addressed the financial dimension of the case, ordering compensation to the deceased’s brother, who had pursued a private prosecution and had taken on responsibility for the upbringing of the girls. The resolution included compensation totaling 390,000 euros to the brother and 110,000 euros per daughter, reflecting the court’s recognition of the long-term care needs and obligations arising from the tragedy. The Cassation Court’s involvement solidified these aspects of the decision, reinforcing the family’s standing and responsibilities following the loss.
The case remains a stark reminder of the severe consequences of domestic violence and the lasting effects on children who witness or experience such violence. It also highlights the legal complexities involved in distinguishing between direct criminal outcomes and associated psychological harm, particularly when the origins of mental distress are contested or ambiguous. The interplay between criminal liability and the rights and needs of vulnerable minors is a central theme of the verdict and its subsequent review.
assistance resources
There exists a nationwide support framework designed to assist victims of all forms of gender-based violence. Access is free and confidential, and services are available in multiple languages. Information is also provided through email communications, without any impact on billing. Counseling and psychosocial support are offered through designated channels, with specialized resources for minors who may require ongoing help. These resources are part of a broader network aimed at ensuring safety, stability, and recovery for those affected by violence.