2013|Human Rights 09/13

Letter to Human Rights Org 9/15/13

THIS IS THE RHETORIC 

Los países …han negado sistemáticamente la evidencia…. Parecía que así desaparecería el peligro, como el avestruz cuando atisba riesgo y esconde su cabeza bajo el ala….
Conocer a tu enemigo, pues si no sabes a lo que te enfrentas, mal puedes combatirlo, y si lo haces sin conocerlo, siempre te llevara ventaja, es decir, ira dos pasos por delante de ti. Y eso es lo que ha ocurrido en el mundo …durante mucho tiempo, y todavía hoy. — Un mundo sin miedo, Baltasar Garzón

Blanca Hernández esta perpetuando la propaganda y las mentiras del gobierno espanola sobre el lacre de las victimas  de la violencia de genero y el fallo del sistema de protegerlas.

….THIS IS THE REALITY

Spanish version of letter:-  Ltr. to Human Rights Org v2- SPA

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September 15, 2013

RE: Defending the Rights of Victims of Domestic Violence

Dear Madam and Sirs;

“We cannot help them if they do not file a complaint” said Ana Mato, Minister of Health, Social Services, and Equality in her press conference on June 25, 2012.

These words show to what extent Spanish authorities are turning a blind eye to the failure of the Spanish government to effectively protect victims of domestic abuse and violence within their borders.

In a report by Amnesty International, What Specialized Justice? (2012,) they state that “instead of justifying the inaction of institutions by charging victims with the “obligation” to file complaints, authorities should verify the effectiveness of legal protection and identify the obstacles that, under the law and its application, are impeding women from accessing and obtaining justice and protection.

One of these women, Eva Alonso, a 43 year old Spaniard, whose official complaints for domestic violence ended in prosecution against her for having damaged the honor of her aggressor. Her testimony is posted in a video on Amnesty International’s website, www.es.amnesty.org/paises/espana/violencia-de-genero, as well as their report What Specialized Justice?

The problem in protecting victims, and ending gender violence, is not from the lack of women willing to denounce the abuse and their abusers, as the Spanish government contends. The problem comes from the traditions and prejudices that for centuries have covered-up domestic violence, and that re-victimizes and silence women that seek assistance and support in judicial systems.

In my own efforts to defend my rights against the aggression of my ex-husband and his efforts to prevent me from starting a company, and afterwards against my Spanish lawyers for their malpractices and gross negligence, the Spanish Bar Association contends that:

  • The violation of rights of gender violence victims and discrimination against women “only involve [the violation of] fundamental rights recognized in the Spanish Constitution and norms under international agreements and not in any way under ordinary laws” and thereby absolves implicated lawyers of all wrong-doing. (Demonstrating a lack of recognition of the principle of “hierarchy of judicial norms.”)
  • The malpractice and negligence of implicated lawyers are “decisions of lawyers [that] fall under their independence, prerogatives that assists them in performance of their function as provided for under art. 542.2 of the  Ley Orgánica del Poder Judicial, 33 of the Estatuto General de la Abogacía, and 2 of the Código Deontológico de la Abogacía Española” (Demonstrating a lack of recognition of art. 1, 9, and 10 of the Spanish Constitution, inter alia.)

These lines reflect the attitude of officials and civil servants that are responsible for investigating and sanctioning the malpractice and negligence of judicial actors who contend that it is THE RIGHT of judicial actors to violate the rights of citizens with total impunity. And, that victims of gender violence and women during divorce procedures, DO NOT ENJOY constitutional rights and other rights provided for under international treaties.

In order that the rights of victims of gender violence are respected before tribunals, IT IS IMPERATIVE that human rights associations investigate the failure of governments to assure transparency and integrity in their tribunals. Until governments and their regulatory agencies are held responsible for their failure to investigate complaints and sanction judicial actors, the situation will never change.

In the past 6 years, I have meticulously documented the lack of due diligence of my lawyers, the violations of my rights, and the discrimination of actors and judicial decisions, the damage produced in my case and the repeated refusal of authorities to investigate my complaints as provided for under national and international law.

My correspondence and previous complaints against Spanish authorities (always lacking any investigation or examination of the facts) are posted on:

I hope that your organization will investigate the violation of rights of victims of domestic abuse by tribunals in Europe, North America, and Australia, and support me in my present demands of the Spanish and American government in relation to my own case.

As long as democratic countries are miserably failing to fulfill their legal obligations, the lack of protection of victims in these countries will always be the same as in non-democratic countries. Rights that are not defended by the courts, are nothing more than empty rhetoric.  It is time that governments transform decades of promises into reality, rather than hiding behind more false promises.

My complaint against the Spanish government with the UN Commission on the Status of Women, (lacking a final resolution – July 2012) is posted on  http://warondomesticterrorism.com/category/un_com_status_of_women-2012/

I remain at your disposition to answer any questions you may have, and I can be reached at +00.1 (202) 213-4911, quenby@global-xpats.com, or skype: quenby.wilcox2

Sincerely,

Quenby Wilcox

quenby@global-xpats.com

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