The Office of the Prosecutor has not yet received official notification on the inhibition of the court that instructs the assisted suicide of María José Carrasco, in favor of another specific Violence about Women The couple recorded a video that shows her unequivocal will for her husband to help her die. Therefore, treating this issue as a case of gender violence has raised many doubts and criticisms. Pilar Martín Nájera, the deputy prosecutor of Gender Violence, appeared Thursday to explain the decision of the Prosecutor's Office to appeal the decision of the trial court: "Although in principle the court that must instruct him is Violence against Women, We believe that a biased assessment of the situation has been made, since From the first moment, there are circumstances and elements that exclude gender violence"
The sentence on which the investigating judge has based his case to refer his jurisdiction to a court of sexist violence is the Supreme Court of last December 20, a plenary agreement that established doctrine and unified criteria around gender violence. The ruling, as a result of a reciprocal aggression between a man and a woman who were a couple, established that, since then, "the intention of domination or machismo is not a requirement that must be proved in the trial." The mere fact of an aggression of a man against a woman who is his partner or ex-partner is already an act of macho violence"
In spite of this ruling, Martín Nájera points out that for sexist violence to exist, it is not enough just to produce the aggression of a man against a woman, but that there must be a context of "humiliation, domination and violence". Something that in the case of Carrasco "did not happen". Remember the prosecutor who Carrasco publicly told his story and asked to die and help to do it, as, finally, it happened: "But the death of María José Carrasco is not gender violence."
The Justice Minister, Dolores Delgado, has also considered this Thursday more than questionable that this case should be referred to a court of sexist violence. In his opinion, the case that the judge has taken as a reference to give him transfer is "different" from that of Carrasco, for which he considers that "the interpretation of the rule will have to be studied" and whether this jurisprudence "is applicable". "There are many factors that can be taken into account to determine if it is not the jurisdiction of the gender violence court," he added. Pedro Gorospe.
Sources of the Second Chamber of the Supreme Court also distance themselves from the inhibition of the court of instruction: "That decision has nothing to do with the sentence of last December of the Supreme Court."
Carrasco will not be in the statistics of victims of machismo
Martin Najera has not specified what will be the route of his appeal: "We are evaluating, although I think we will go directly to the Provincial Court." For the time being, the Violence against Women Court will have to decide whether to accept or reject the case and, in case of rejecting it, the Provincial Court will decide who grants the competence.
The Government Delegation for Gender Violence does not contemplate including the death of María José Carrasco in the official statistics of fatalities due to gender violence. In addition, it has emphasized that the Violence against Women Court to which the case has been derived may reject the inhibition of the previous one. So, at least until this court decides whether or not it remains with the instruction of the case, the statistics will not be retouched.
"The jurisprudence considers that any murder of a partner or ex-partner is considered gender-based violence", but the case of Ángel "is not a murder", affirmed Nani Hidalgo, vice president of the Right to Dignify Association of Catalonia in declarations to Efe. "If we had a law that contemplates the people who decide to stop suffering, that does not die, and does not penalize those who help them, we would have no case."
"The only thing that Angel deserves is our recognition for his courage and love for his wife, who was perfectly aware of the decision he was making and the repercussions he would have," said Hidalgo, who also stressed that "if it had not ended the legislature before summer, we would probably have a euthanasia law"