September 19, 2020

Judges criticize politicians who blame them for deaths due to sexist violence | Society

From an 'on line' course to more than a year of preparation to be judge of Gender Violence | Society



The Spanish deans judges have rejected on Wednesday that the political representatives blame them for the deaths by sexist violence and they have been blamed for the "precarious and insufficient means" they have to face this problem, which has cost the lives of 40 women so far this year, data from the Government Delegation for Gender Violence. "It should avoid demagogic statements that from the political sphere tend to transfer the idea that each death is a judicial error, an inadmissible simplification that ignores the functioning of the judicial system," the magistrates said in a communiqué of conclusions of their 28th meeting. annual, which they have maintained since Monday in Melilla.

In their conclusions, the Deans judges They have dedicated this section to gender violence. They recognize that it is "a tragedy" that "brutally" affects thousands of women and children. Only in the second quarter of this year, 42,077 complaints have been registered in the judicial bodies throughout Spain and 9,149 convictions were handed down.

Immediately after, the reproach comes to the politicians: "All, judges, police, prosecutors and forensic work with what they have and the means are very precarious and insufficient and this corresponds to solve the political field that has not been characterized precisely by an investment Enough in the matter, "they say.

"They lack psychologists, Missing Comprehensive Assessment Forensic Unitsthere are no forensic doctors, there are no adequate rooms to care for and protect the victims, there are no Offices for the Victim of Crime, there are only courts specialized in gender violence in large capital cities Despite the fact that it is a historical claim and some procedural improvements are necessary to prevent impunity. " In this regard, they refer to the withdrawal of complaints by the victims.

"All violent conduct should not lead to a high or extreme risk assessment"

Deputy judges exercise internal organization tasks in the courts and are the only judicial positions that are elected by the magistrates themselves. Therefore, the opinions emanating from their assemblies are usually interpreted as the most faithful thermometer of the opinion of the entire judicial career, especially of the rank-and-file judges.

"Psychologists are missing, Forensic Units are missing, adequate rooms for the victims are missing"

Since 2006, when the statistics began, gender violence has caused 966 deaths, of which 763 had not filed a complaint or did not know they had done so. In spite of these figures, the judges ask "not to succumb to defeatist messages". They recall that Spain, after the entry into force of the Comprehensive Law on Gender Violence, is "a benchmark" in Europe. "We work with indications, making a forecast of future risk, and this system is not infallible at all, although it can be improved," the magistrates acknowledge.

"You can not transfer the idea that all violent conduct should lead to a high or extreme risk assessment, because we would be denying the most elementary rights of the researched, and this would be a failure of the system," the statement said.

Judges distinguish between the failure of the commission of a crime and the failure of the system as a whole. "The State must try to minimize such crimes, but that does not mean that the fact that they continue to commit is a failure of the system," they explain. In any case, one of the most extraordinary criticisms has come from the legal power in recent days. The president of the Superior Court of Justice of the Basque Country, Juan Luis Ibarra, apologized on September 27 to the relatives of Maguette Mbeugou, a Senegalese woman murdered in Bilbao, and society in general, for the poor assessment of the risk that the different services that concur in the court made: "It is not so much a failure of the judges as of the justice with capital letters," he said.

Currently, the mandatory training of magistrates specialized in Violence against Women is solved with a course online and 10 days of internship in judicial offices or shelters, 50 total hours of teaching. The Congress of Deputies negotiates a change, backed unanimously, so that the gender violence become a legal specialty within the criminal law, such as that of Minors or how is the Mercantile in the civil branch.

In their statement, the judges, without naming him, also cite the attacks that the Judicial Branch has received in matters such as the condemnation of sexual abuse against members of La Manada and the independence process in Catalonia. "We demand respect for our jurisdictional function, and the General Council of the Judiciary a greater force when censoring attacks on judges in the exercise of those. It is intolerable the attacks to the judicial independence that take place from all the scopes, even from other Powers of the State ", they indicate.

In addition, they demand greater control of the so-called revolving doors, that is, the passage of judges to politics and their return to the judiciary, which although it is a rare phenomenon "causes undoubted damage to the image of independence and impartiality" of the magistrates. In their statement, the deans propose "to limit these round trips, with the opportune reform of the Organic Law of the Judicial Power".

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