The tools were in place to prevent the gaps in judicial coordination that allowed a father, previously convicted of gender-based violence, to agree to joint custody and a visitation schedule with his son, who was allegedly killed eight days earlier. The Department of Equality has enabled a family court to check in about three minutes whether a man has a prior conviction for ill-treatment or is under injunctive relief, making it possible to confirm such records quickly as part of every divorce or separation proceeding.
The case of an 11-year-old boy killed in Sueca (Valencia) prompted the Ministry of Equality to review possible state shortcomings in protecting the mother and her child, victims of gender-based violence. In one court the final verdict condemned the man for sexist abuse, while in another court in the same town a month later a mutually agreed divorce with custody was upheld.
due diligence
Many voices call for a warning system that would alert family courts to existing gender-based violence proceedings, while others push for legislative changes that compel the judicial system to confirm there has been no prior violence in divorce decisions. Victoria Rosell, the Government delegate against Gender-Based Violence, argued that new laws or tools are not strictly necessary.
She explained at a press conference that Spain has a duty to protect women and children, ensuring institutions do everything possible to safeguard them. The due diligence process would use the Administrative Records System (SIRAJ), a database that allows a quick three-minute check to determine if someone has a harassment conviction or is under precautionary measures for the same reason.
Rosell noted that all jurisdictions can access SIRAJ. Regarding distance measures: “We understand that the task of due diligence already includes registering and considering all platforms you can access. We would support an automatic alert, but the system should not be connected indiscriminately. This capability lies with Telematics and is within Adalet, which enables a three-minute consultation for due diligence through a database accessible to any judicial body.”
There are many courts that already practice this well, she added.
Equality examined possible institutional weaknesses surrounding indirect crime in Valencia. Rosell emphasized that criminal responsibility lies with the aggressor, and while there is no direct link between murder and a justice violation, gaps in inter-agency coordination can be improved to ensure rigor.
She called the situation really serious, yet rejected any notion of blaming victims for what happened. She urged looking for operational errors and corporate responsibilities to improve the response. No institution should be offended by scrutiny of its functioning, including the administration of justice.
More coordination needed
In the Sueca case, the fourth court delivered a final ruling on gender-based violence in August 2021, while the fifth court (family) upheld the divorce by mutual consent with joint custody, without confirming eviction or conviction measures were in place.
The applicable law prohibits joint custody or visitation for men convicted of sexist violence and requires the violence court to oversee divorce and other civil steps in abuse cases, which may lead the family court to withdraw from a case.
When the civil court did not confirm a conviction for gender-based violence, the violence court did not request the transfer of the divorce case, despite a report indicating the female victim was in the divorce phase.
“These courts are not sufficiently coordinated,” she said.
The Government delegate against Gender-Based Violence stressed that, beyond this case, Justice should always use SIRAJ to verify any violence in a couple seeking separation and should also interview women in confidential settings.
Equality argues that a warning system would support judicial action, while Rosell favors better coordination using existing mechanisms between the courts.
Since 2013, a number of children have lost their lives due to violent acts involving parents or partners of their mothers.
seek help
A national helpline supports victims of all forms of violence against women. The service is free and confidential and provides assistance in multiple languages. Information is also available via email.