国際人権団体のアムネスティインターナショナルは、夫婦内暴力(女性への暴力)対策では、裁判の有料化は、ますます女性への暴力への対応が困難になると非難
Lucha contra la violencia machista
Amnistía denuncia las trabas judiciales que sufren las maltratadas
La ONG habla de falta de diligencia en muchos procesos por violencia de género
La escasez de abogados, especialización, información e interés lastran la resolución de los casos
Las nuevas tasas judiciales frenarán la lucha contra el maltrato
DESCARGABLE El informe de Amnistía Internacional: 'Qué justicia especializada'
María R. Sahuquillo Madrid 22 NOV 2012 - 16:14 CET
Fight against gender violence
Amnesty denounces the legal obstacles faced by battered
The NGO speaks of lack of diligence in many processes of gender violence
The shortage of lawyers, expertise, information and interest hinder the resolution of cases
The new rates will curb judicial combating abuse
DOWNLOADABLE The Amnesty International report, 'What special justice'
Mary R. Sahuquillo Madrid 22 NOV 2012 - 16:14 CET
For a victim of domestic violence report is not easy. Most take the step that costs a lot. For fear the aggressor and also what will happen next. For institutions, the complaint only active social safety net for battered women. But the victims not only have to overcome their own obstacles. "They face obstacles that hinder their access to justice and protection", claiming Virginia Alvarez, head of Amnesty International's Domestic Policy. Barriers, argues this organization, as scarcity of adequate information about their rights, serious shortfalls in the availability and quality of legal representation, lack of diligence in major criminal investigations, prejudices about their situation that harm that can solve their processes.
Expelled from the country
Caren (name), Ecuador, 28, was expelled from Spain a few months ago. The woman, who lived in an irregular situation in Spain had reported her boyfriend for domestic violence and had a restraining order. After complaints, Caren went to the police station to find out the security plan derived from the protective order that had been granted. Once there, as documented by Amnesty International, was arrested and held in police station two days. The third, and without allowing him to contact his family, no clothes and no money, she was taken to the airport and deported.
What happened to this woman, mother of three young daughters living with her in Spain, says Amnesty International, contravenes the Aliens Act, which prevents the removal of a woman with a restraining order. However, the lawyer who attended Caren in the expulsion procedure, exposes the NGOs, even though he knew that his client was a victim of violence, failed to record this in the appeal against the deportation order. Nor contacted the attorney-court that had been assigned to the process by Caren GBV.
As for Grace, a Nigerian, 31, suffered for years of abuse by her boyfriend, a Spanish man. In June, after a beat, went to the police station with a wound on his forehead. I had to give 10 points. The woman reported the incident. However, despite fears of further attacks, not requested a protective order. Grace, as revealed by Amnesty International report released today in which women's testimonies collected data and does not speak Castilian and was not assisted by any interpreter. Did not even know that he was entitled to protection. Integral Law against Gender Violence brand to have specialized assistance to victims of abuse, but Amnesty claims that this is not always true.
The obstacles, say, starting from the first link in the chain, in the complaint, but still when the complainant wishes to access a lawyer. Amnesty, there are not enough lawyers in court representation. And among that many do not have specialized training in these matters. The staffing for these causes has never been buoyant, but now "budget cuts could be further undermining the availability of lawyers", says the report that this NGO specialized justice. And there, they say, have little time and not much sensitivity.
Most women also found a few minutes with his lawyer before the court appearance which makes undoubtedly a quality defense. "There have been documented cases of gross negligence lawyers, as recourse for dismissal or not to propose that evidence that they knew were available," says Mary Naredo, researcher and author of the Amnesty report. As in the case documented by the organization, a Dominican woman who sued her husband in 2012 and he was waiting more than eight hours to his lawyer at the police station. A long wait for that, then, counsel did not inform him that he could go to a foster home and had to return home, with the aggressor.
The organization emphasizes the large number of judicial dismissals (cases filed) in the processes of gender violence. Between 2006 and 2011, 64% of the cases were dismissed. Also that the number of convictions is just 60%, according to the General Council of the Judiciary. And most of the acquittals, says Amnesty, are held for lack of evidence. "Evidence that the lawyer is not always proposed or that the judge does not claim. It is worrying, but if the victims do not provide the necessary evidence to prove what happened, the case is dismissed with little official investigation, "said Naredo. And if there are no physical signs of aggression, multiply obstacles. Victims have more difficulty that complaints psychological or sexual violence - where women have no visible injuries-thrive. "The stories of abuse are very long, and the victims, who arrive in shock, they are not allowed to speak or express enough," adds the researcher.
Prejudice and counterclaims
The head of Amnesty Domestic Policy has been concerned by the increasing number of counterclaims in the process of gender violence. Increasingly, the defendants who decide to turn to denounce women also appear as claimants in the cases. "Sometimes we complain because they have some physical sign that a woman has been advocated. Others do it for his honor and to doubt the credibility of the woman and her story. They try to show that the complaint of women is false.
"I felt like a criminal"
After years of threats and psychological abuse, Eva decided denounced her ex-husband. That when he received the subpoena called the lawyer to stay with her and prepare for trial. Counsel cited it one hour before the trial, but did not show up and sent to a partner. "You knew if I went to trial and without knowing anything, without any preparation," he says. Counsel explained that he remained silent during the interrogation. Her ex-husband was acquitted. "They said that my daughter and I had animosity for him. How not to have it after Todo1 "he exclaims.
Now, Eva faces another process. This time it is she accused her ex-husband because he has denounced the crime of false accusation. "I felt like a criminal," he says. "The only thing I did was stop loving him, leave him. At the end you are left with a sense of impunity incredible, "he explains.
Prejudice not only of judges or prosecutors, Amnesty criticizes. Also from the lawyers themselves victims themselves. Especially towards foreign women. As for Rachel (not her real name), who in an interview contained in the report of this organization, said that his lawyer had asked him if he used the complaint of ill-treatment to stay in Spain. "You do not have battered face, you, you want, is the papers'" says the lawyer that he snapped.
"We need to focus on ending the impunity that exists now, motivated by the lack of diligence processes chained" Alvarez claims. "We must break down the myths of suspected, that women are guided by spurious phones to report. There are still many who believe this, "he says.
Expelled from the country
Caren (name), Ecuador, 28, was expelled from Spain a few months ago. The woman, who lived in an irregular situation in Spain had reported her boyfriend for domestic violence and had a restraining order. After complaints, Caren went to the police station to find out the security plan derived from the protective order that had been granted. Once there, as documented by Amnesty International, was arrested and held in police station two days. The third, and without allowing him to contact his family, no clothes and no money, she was taken to the airport and deported.
What happened to this woman, mother of three young daughters living with her in Spain, says Amnesty International, contravenes the Aliens Act, which prevents the removal of a woman with a restraining order. However, the lawyer who attended Caren in the expulsion procedure, exposes the NGOs, even though he knew that his client was a victim of violence, failed to record this in the appeal against the deportation order. Nor contacted the attorney-court that had been assigned to the process by Caren GBV.
As for Grace, a Nigerian, 31, suffered for years of abuse by her boyfriend, a Spanish man. In June, after a beat, went to the police station with a wound on his forehead. I had to give 10 points. The woman reported the incident. However, despite fears of further attacks, not requested a protective order. Grace, as revealed by Amnesty International report released today in which women's testimonies collected data and does not speak Castilian and was not assisted by any interpreter. Did not even know that he was entitled to protection. Integral Law against Gender Violence brand to have specialized assistance to victims of abuse, but Amnesty claims that this is not always true.
The obstacles, say, starting from the first link in the chain, in the complaint, but still when the complainant wishes to access a lawyer. Amnesty, there are not enough lawyers in court representation. And among that many do not have specialized training in these matters. The staffing for these causes has never been buoyant, but now "budget cuts could be further undermining the availability of lawyers", says the report that this NGO specialized justice. And there, they say, have little time and not much sensitivity.
Most women also found a few minutes with his lawyer before the court appearance which makes undoubtedly a quality defense. "There have been documented cases of gross negligence lawyers, as recourse for dismissal or not to propose that evidence that they knew were available," says Mary Naredo, researcher and author of the Amnesty report. As in the case documented by the organization, a Dominican woman who sued her husband in 2012 and he was waiting more than eight hours to his lawyer at the police station. A long wait for that, then, counsel did not inform him that he could go to a foster home and had to return home, with the aggressor.
The organization emphasizes the large number of judicial dismissals (cases filed) in the processes of gender violence. Between 2006 and 2011, 64% of the cases were dismissed. Also that the number of convictions is just 60%, according to the General Council of the Judiciary. And most of the acquittals, says Amnesty, are held for lack of evidence. "Evidence that the lawyer is not always proposed or that the judge does not claim. It is worrying, but if the victims do not provide the necessary evidence to prove what happened, the case is dismissed with little official investigation, "said Naredo. And if there are no physical signs of aggression, multiply obstacles. Victims have more difficulty that complaints psychological or sexual violence - where women have no visible injuries-thrive. "The stories of abuse are very long, and the victims, who arrive in shock, they are not allowed to speak or express enough," adds the researcher.
Prejudice and counterclaims
The head of Amnesty Domestic Policy has been concerned by the increasing number of counterclaims in the process of gender violence. Increasingly, the defendants who decide to turn to denounce women also appear as claimants in the cases. "Sometimes we complain because they have some physical sign that a woman has been advocated. Others do it for his honor and to doubt the credibility of the woman and her story. They try to show that the complaint of women is false.
"I felt like a criminal"
After years of threats and psychological abuse, Eva decided denounced her ex-husband. That when he received the subpoena called the lawyer to stay with her and prepare for trial. Counsel cited it one hour before the trial, but did not show up and sent to a partner. "You knew if I went to trial and without knowing anything, without any preparation," he says. Counsel explained that he remained silent during the interrogation. Her ex-husband was acquitted. "They said that my daughter and I had animosity for him. How not to have it after Todo1 "he exclaims.
Now, Eva faces another process. This time it is she accused her ex-husband because he has denounced the crime of false accusation. "I felt like a criminal," he says. "The only thing I did was stop loving him, leave him. At the end you are left with a sense of impunity incredible, "he explains.
Prejudice not only of judges or prosecutors, Amnesty criticizes. Also from the lawyers themselves victims themselves. Especially towards foreign women. As for Rachel (not her real name), who in an interview contained in the report of this organization, said that his lawyer had asked him if he used the complaint of ill-treatment to stay in Spain. "You do not have battered face, you, you want, is the papers'" says the lawyer that he snapped.
"We need to focus on ending the impunity that exists now, motivated by the lack of diligence processes chained" Alvarez claims. "We must break down the myths of suspected, that women are guided by spurious phones to report. There are still many who believe this, "he says.
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