The National Court has condemned the State to pay 52,000 euros plus interest to a man who spent almost eight years without being able to see his young daughters because of the slowness of justice in declaring him innocent. The father was reported for mistreatment of the mother and sexual abuse, so the judge issued a restraining order against him until he was acquitted.
Justice recognizes now that all the courts that intervened in the case acted with extreme slowness, to the point that the ministry already admitted an abnormal functioning in the administration of justice and that the father should be compensated with 10,000 euros. That was the amount that a report from the State Council recognized, but the father did not conform and presented the demand that has now been resolved, defended by Barcelona lawyer Igor Fernández Barceló.
The case started on June 16, 2007, when the man was denounced by his wife in the middle of a high tension divorce process. After the complaint, he was banned from approaching the small ones, who were three and six years old. He saw them again on April 7, 2015, with 11 and 13 years old, but by then the man had already become a stranger to them. They met again on five or six occasions and received it with absolute rejection, so the psychologists advised that there should be no more visits.
"It is not difficult to understand that the absence of any relationship between father and daughters during those ages has meant a very high personal cost for the now claimant: the moral damage that he alleges is, therefore, sufficiently justified," says the ruling, although he adds that there are things that can not be bought. "The damages and losses caused are difficult to assess," says the National Court.
The ruling says that nothing justifies the delay that occurred and the consequences that the father had to endure, but the truth is that it occurred, either because of the passivity of the judges or the operation of the administration in carrying out the tests that were carried out. they agreed.
On June 28, 2007, two months after the restraining order was issued against the father, the investigating judge ordered that the daughter be examined by the Office of Attention to Victims of Crime, but the report did not arrive until December 14. of that year. For his part, the prosecutor claimed in May 2008 another report to the hospital that did not arrive until July 10, 2009.
In order to understand the delay, we must also remember that the court that received the complaint did not waive the case until two and a half years later and that the new judge, when he had finished the investigation, took another ten months to continue processing. of the procedure by the rules of the summary.
But the delays did not end there, but continued at the Audiencia de Tarragona. The case entered the Fourth Section on December 10, 2010 and the trial was not held until almost three years later, on December 4 and 5, 2013. A few months earlier, the Audiencia of Tarragona agreed to lift the prohibition against the man so he could see the daughters, but those judges did not agree, but said that he had to do the court that handled the divorce. And that decision did not come until the divorce was over, on April 7, 2015.
All delays lead to the National Court to conclude that "if the process had been processed within a reasonable time, without delays appreciated, and the civil jurisdiction had taken the appropriate measures with the speed and diligence required by the Provincial Court of Tarragona, the The period of incommunication between the father and his daughters would have been ostensibly less ".
When the judges decided after eight years it was too late and the father was a stranger to his daughters. "The natural paternal-filial relationship that existed until the adoption of precautionary measures (June 16, 2007), is broken with serious difficulties for its resumption, since minors do not recognize the father figure, despite the provision of the father in this sense, "says the National Court.
The case has another derivative and is pending a second lawsuit filed by the paternal grandparents of the girls, to whom the Ministry of Justice already recognized them also the right to charge 10,000 euros each for not being able to see the granddaughters because of the same judicial delay.