The rhetoric of Under Secretary Kennedy of the US Department of State belies the reality of the failure of Consulates to utilize the Convention of Consular Relations to protect the rights and interests of Americans living abroad
IT IS TIME FOR THE US DEPARTMENT OF STATE
TO TRANSFORM RHETORIC TO REALITY!
AND, SINCE NOBODY CARES ABOUT THE RIGHTS OF A WOMEN WITHIN THE HOME AND FAMILY — HERE IS HER REALITY
See more videos of Maria Jose… Remembering that her case is not ‘isolated’, but representative of what happens to the wives of abusers who take advantage of negligence and corruption in the courts to continue harassing their victims
Spanish version of this letter: American Embassy in Madrid – Ambasador Costos – oct 2013 – SPA
October 24, 2013
RE: Human Rights Case Wilcox vs. Spain – Violations of Spanish and international law
Dear Mr. Ambassador,
I am once again contacting the American Embassy in Madrid in regards to my ongoing case against the Spanish government for human rights violations under their obligation to protect victims of domestic violence and the principle of due diligence, as established by the Inter-American Commission on the Status of Women, Gonzales vs. USA, 2011, inter alia.
The failure of the Spanish judicial system to protect victims of domestic abuse, as well as the re-victimization of these victims, is well documented by Amnesty International in the following reports:
- Que Justicia Especializada, 2012 (enclosed) (www.es.amnesty.org/paises/espana/violencia-de-genero)
- Vida Sin Violencia, 2009 (8 November 2009 – Amnesty International)
- Briefing to the Human Rights Committee, 2008 (http://www.amnesty.org/en/region/spain?page=8)
- Obstinada Realidad, Derechos Pendientes -Tres años de la Ley de Medidas de Protección contra la Violencia de Género, 2008 (https://doc.es.amnesty.org/cgi-bin/ai/BRSCGI?CMD=VERDOC&BASE=SIAI&DOCR=1&SORT=&RNG=10&SEPARADOR=&&INAI=EUR410108)
- Mas Derechos, Los Mismos Obstaculos, 2006 (http://www.es.amnesty.org/noticias/noticias/articulo/mas-derechos-los-mismos-obstaculos/)
- Mas Alla del Papel, 2005 (http://www.amnesty.org/es/library/asset/EUR41/005/2005/es/5cc52107-d4fd-11dd-8a23-d58a49c0d652/eur410052005en.html )
- Broken Bodies, Shattered Minds, 2001 (http://www.amnesty.org/en/library/info/ACT40/001/2001)
Also, please find enclosed a copy of the Sept. & Oct. editions of Family Courts in Crisis Newsletter which covers the Hague Convention Domestic Violence Project, international divorce in cases of domestic abuse, & the discriminatory policies of the US Department of State in regards to American victims of domestic abuse living abroad. The State Department’s & American Consulate’s policies of non-compliance with the Vienna Convention of Consular Relations (VCCR,) 7 FAM & CFR 22 in regards to American victims residing abroad, constitutes de facto discriminate against women, encourages violence against women around the globe, and providespractical assistance to abusers.
It should be noted for the record that these abusers are increasingly utilizing family courts to abuse and harass victims at national levels, while utilizing the Hague Convention on International Child Abduction at international levels, with ample assistance & advice coming from State Department officials. The State Department’s liberal assistance to abusers (vs. total non-assistance to victims residing abroad) aggravates the already existing tort of the American government in their failure to protect victims (under their obligation to protect & the principle of due diligence, Gonzales vs. USA.)
Previous editions of Family Courts in Crisis Newsletters, which are distributed to a growing list of 700+ journalists, advocates, and human & women’s rights organizations in the USA & Europe, are posted on http://worldpulse.com/node/71182.
As I informed Ambassador Solomont in my last letter to the American Embassy in Madrid, dated June 24, 2013, I filed a complaint with the Ilustre Colegio de Abogados de Madrid on June 14, 2013 against the lawyers implicated in my case (copy of said complaint is posted on http://worldpulse.com/node/72778.) As expected, and in keeping with the well-documented failure of the Spanish government to investigate the violation of the rights of citizens, particularly foreign nationals, the Colegio de Abogados de Madrid has failed to examine and investigate my allegations (see my response to Preliminar 859/13 enclosed,) contending the following:
- The violation of rights of victims of gender violence, 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.)
The contention of the Colegio de Abogados that it is THE RIGHT of lawyers in Spain to violate the rights of citizens (particularly victims of domestic abuse) with total impunity (under the principle of “judicial independence,”) clearly demonstrates that the Spanish government is knowingly concealing evidence of human rights violations within its borders. Also, the idea that repeated human rights violations by judicial actors are protected under the “defense” of judicial independence is absurd and ludicrous.
Since crimes of mental duress, torture, rape, and often murder are systematically being committed against almost half of the Spanish population (for the simple reason of being women) with full knowledge & consent of state and non-state judicial actors (and who are systematically occulting evidence of said crimes) these transgression fulfill the criteria of crimes against humanity, as defined by Arts. 7.1a, h, k & 7.2 gof the Rome Statute of the International Criminal Court; Art. 1.1 of theConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, & Art. 607 bisof the Spanish Penal Code.
In the case at hand, the failure/refusal of Pedro Lescure Ceñal, Director Departamento Deontologia Profesional, Ilustre Colegio de Abogados de Madrid (and any other implicated employees of the Colegio de Abogados) to duly investigate allegations against implicated legal counsel, initiating said investigation by referring my case to the Ministerio Fiscal as mandated in art. 2.1 of Decreto 245/2000, makes them accessory to any and all infractions committed by the lawyers cited in my complaint under article 451 of the Spanish penal code, citing the following:
Article 451 – Whoever has knowledge of a felony committed and, without having intervened in it as a principal, subsequently intervenes in its execution, in any of the following manners, shall be punished with a sentence of imprisonment of six months to three years: – 2. Hiding, altering or destroying the evidence, effects or instruments of an offence, to prevent it being discovered; & 3. Aiding the suspected criminals to avoid investigation by the authority or its agents, or to escape search or capture, whenever any of the following circumstances concur: b) When the person abetting has acted in abuse of his public functions. In this case, in addition to the punishment of custodial sentence, that of special barring from public employment and office for a term of two to four years shall be imposed if the felony concealed is less serious, and of absolute barring for a term from six to twelve years if it is serious.
The American Consulate in Madrid has been informed of all irregularities by implicated judicial actors from the onset of my case in 2007. But, they have consistently refused to comply with US, Spanish and international law in utilizing their power & authority to defend my and my children’s rights, including, but not limited to denouncing any and all violations of said rights by legal counsel &/or Spanish courts (7 FAM 411.f3 (see 414-protest, custody, detention, abuse, arrest, notification, reporting, etc.) and VCCR (art. 2, 3, 5, 36, 37, 38, 44 & 55)
Additionally, for the record I wish to call attention to the double-standards and discriminatory policies of Consular Affairs/State Department officials which consistently turn a blind-eye to flagrant and repeated felony crimes committed by judicial actors and government officials while holding victims of domestic abuse accountable to the letter of the law. The fact that State Department officials and/or Consular agents are apparently oblivious to their legal obligation to protect victims of domestic abuse residing abroad, and/or ignorant of laws, treaties, or federal guidelines which provide them with the tools to assist these victims (and the fact they are themselves in violation of the law and accessories to said crimes, by omission of action (art. 11 of the Spanish penal code in my case,) is not a valid argument in their failure to protect. Ignorance of the law is no defense.
I am therefore, and hereby once again, under art. 5 and 38 of the Convention of Consular Relations and §71.1 and §10.735–215 of CFR 22, inter alia petitioning the American Embassy and Consulate in Madrid to rescind its policy of non-compliance with the aforementioned and at this time contact the Ilustre Colegio de Abogados de Madrid on my behalf, requesting that they diligently fulfill their obligations as provided for under 2.1 and 2.2 of Decreto 245/2000 (and article 451 of the Spanish penal code,) notifying the Ministerio Fiscal regarding my allegations of criminal infractions by the following legal counsel:
- Gonzalo Martínez de Haro of Vinader, Carlos y Associados (procuradora Juan Bosco Hornedo Muguiro)
- Maria Fernanda Guerrero Guerrero
- Belén García Martin (procuradora María Pilar Lantero)
- Jose Manuel Hernández Jiménez (abogado de oficio)
- Jorge Capell de Cuatrecasas, Gonçalves Pereira (procuradora Pilar Poveda Guerra)
- Cuatrecasas, Gonçalves Pereira
- Alberto Fontes García Calamarte (procuradora Rafael Gamarra Megias)
- Miguel Martínez López de Asiain y Ignacio González Martínez (procuradora Rafael Gamarra Megias)
The failure of government officials to duly investigate my allegations and hold responsible parties accountable for their actions, contrary to deterring me from pursuing all legal channels at my disposal, is re-enforcing my resolve to do so, as well as strengthening my case against them.
As I have repeatedly stated in all correspondence in the past 5 years, I believe it in the best interest of all implicated parties to avoid further legal action in Spain and/or the international courts, and have consistently, in good faith, demonstrated my willingness to come to an agreement with injurious parties for reparation of damages caused by their negligence to my personal assets as well as the funds necessary to reinstate my company, Global Expats / www.global-xpats.com (see enclosed presentation) to the competitive position it would enjoy today (vis-à-vis competitors www.yelp.com, www.citysearch.com, www.local.com, etc.), if judicial actors had fulfilled their legal obligations under national and international law in the past 7 years.
From the beginning of my ordeal, all I have ever desired (as my legal counsel has been aware from the onset of my case) is to live and work in peace, with my children at my side. This is my RIGHT under Spanish, international and universal law. Until I am accorded this RIGHT with sufficient reparation for the violation of this and other RIGHTS, I will be propelled to continue my pursuit for justice and restitution through every legal means at my disposal.
The fact that US State Department officials, Spanish judicial actors, and Spanish public servants do not recognize, defend, or protect:
- the right of women (and her children) to live in peace, security, free from threats upon their lives & person, as well as free from torture, inhumane treatment, degradation & oppression
- the right of women to freely pursue entrepreneurial/professional efforts (instead recognizing and supporting the antiquated right/norm of a man to dictate and prevent his wife from pursuing professional activities outside the home, and with the intention of preventing her from obtaining financial independence for her and her children)
- the right of women to possess private, matrimonial property, and to access that property/funds during marriage & upon its dissolution
- the RIGHT of homemakers to have their work & contribution to the home, family & community and dedication to the upbringing of children recognized by governments & family courts during the dissolution of marriage, inter alia
is not only in violation of national & international law, but demonstrates to what extent the millions of speeches, promises and pledges of the US government, US Department of State, Spanish government, inter alia are nothing more than empty rhetoric and deceptions. RIGHTS, ARE NO RIGHTS WHEN NOT DEFENDED & PROTECTED BY THOSE IN POWER & AUTHORITY!
Thank you in advance for your time and consideration. If you should have any questions, I may be contacted at my email, email@example.com.
Founder – Global Expats
Founder – Safe Child International
cc: Under Secretary of Management, Patrick F Kennedy, US Department of State
Jim Pettit, Deputy Assistant Secretary of State for Overseas Citizens Services
Joyce Namde, European Division Director, Office of American Citizen Services and Crisis Management, US Department of State
Congressman Steny Hoyer
Congressional representatives, members of the American’s Abroad Caucus