Defendants and witnesses admit an error in the eviction of a 97-year-old woman


Rosario Bravo at her son’s house in Terrassa.
Ann Mass

Two defendants and two witnesses admitted this Thursday before the judge that there was an “error” in the eviction of Rosario Bravo, 97 years old, occurred on February 19, 2021 in l’Hospitalet de Llobregat, according to the legal sources consulted by The Newspaper of Catalonia. The ruling occurred due to a misidentification of the apartment that should be evicted. The judicial procession got the wrong residence and the old woman ended up paying it, who never stopped paying the rent. Their belongings and memories of a lifetime were left on the street.

“It was a mistake, but not a crime,” said some of the sources. that, in addition, they suggest that it would be prudent to reach an out-of-court settlement and not have to clarify the matter in the courts of justice, as is the case. Rosario Bravo’s family has taken legal action against those responsible for the action. For this reason, in the Court of Instruction number 2 of l’Hospitalet has proceeded to the declaration as defendants of an employee of the property administration and the locksmith who changed the lock of the door of the house. Two witnesses also appeared before the judge: the attorney representing the property and who participated in the eviction and a court official who was present.

The signs

During the interrogations, both the witnesses and the defendants insisted that there was a failure to mark the home that she should be evicted, although they specified that “all the indications” indicated that it was Rosario Bravo’s, when it was not. His door, according to his version, is the only one in the attic. Apparently, a neighbor corroborated to the judicial procession that it was that floor that was indicated in the judicial notice, but she was not asked, for example, for the name of the tenant, which perhaps would have prevented the error.

At the eviction, no representative of the property was present and that on behalf of the property was the attorney, who is the one who has testified, according to sources of the prosecution. The judicial officer showed during his interrogation a letter from his superior in which he exonerated him of any negligence and considered the claim of the old woman’s family excessive. The attorney for the prosecution, Jesús Rodríguez, intends to request new testimony. Thus, he deems relevant the statement of the neighbor who supposedly indicated the floor to the judicial procession.

Void act

At the same time, they are awaiting the execution of the order that declared the eviction null and void. However, it is very possible that it will not be carried out until the criminal case that is being carried out in the court of l’Hospitalet is not finished. When it can be practiced, Bravo’s family may proceed to claim the damages through civil proceedings. The lost belongings, according to the old woman’s family, initially totaled the sum of 23,000 euros, although the list has grown each time a missing item is repaired. To this must be added the non-pecuniary damage, which is yet to be assessed.

In its day, the Superior Court of Justice of Catalonia (TSJC) admitted the “error”, but held the representative of the estates responsible for correctly indicating the property. Rosario’s granddaughter, for her part, attributed the events to a “cluster of errors” and denounced that, despite realizing what happened and being able to quickly recover the house, the property was emptied and they did not know where everything that had been was. brought, such as appliances, crockery, personal items, photos and a memoir of his life that Rosario Bravo was writing. The old woman moved to live with her son.

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