Author: QuenbyWilcox

Letter to Human, Civil & Women’s Rights Lawyers & Org 12/26/13

Posted on by QuenbyWilcox

Spanish version of this letter: Domestic Violence as a Human Rights Violation – Global Expats – Human Rights – SPA

December 26, 2013

Dear Madam or Sir,

I am contacting you regarding the violation of the rights of victims of domestic violence in judicial proceedings and a government’s duty to protect under the principle of due diligence. The rampant violation of human and civil rights of women and children in family courts across the globe, as well as discrimination against women, is well documented in reports by the United Nations, Amnesty International, Save the Children, inter alia.

Please find attached Family Courts in Crisis newsletters (Nov. 2013 – Jan. 2014)[1] which define these rights, the acts and omissions of acts by judicial actors which violate these rights, and the implications for governments under international law. While the reports by Amnesty International and Save the Children provide a case study of the issues at hand, the finding of the reports exemplify the problems and trends within family courts throughout Europe, North America, Australia and New Zealand, encompassing a population of over 1 billion people.

As Ms. Michelle Bachelet, United Nations Under-Secretary-General and Executive Director of UN Women, stated in the closing statement of the 57th Session of the Commission on the Status of Women, “ending violence against women and girls is a must…This agreement is one step more for realizing the rights and dignity of girls and women. But we cannot stop here. We need to do so much more. Words now need to be matched with deeds, with action. Now is the time for implementation and accountability.”

Under Secretary General of the United Nations Jose Antonio Campos stated in presentation of the Secretary General’s report In-depth Study on Violence against Women (2006) “Violence against women is truly a global phenomenon. Complex, pervasive, persistent, pernicious. It occurs in different settings, takes many different manifestations, and evolves and emerges in new forms… On average, at least one in three women is subject to violence at some point in her lifetime…

The fact that 70% of half of the world’s population (2.45 billion women) are victims of domestic violence during their lifetime, and that according to the UN:

  • “half of all women who die from homicide each year are killed by their current or former husbands or partners” (33,000 women each year – half of the 66,000 women killed every yr.)[2]  (ie. widespread attack directed against any civilian population – crime against humanity 6)
  •  “The roots of violence against women lie in historically unequal power relations between men and women and pervasive discrimination against women in both the public and private spheres…(ie.  systematic attack directed against any civilian population – crime against humanity6)
  • States worldwide are failing to implement in full the international standards on violence against women[3]….” (ie. with knowledge of the attack – crime against humanity 6)

Domestic violence[4] [5] fulfills the criteria of crimes against humanity[6]. (Noting that annual death rates[7] in countries currently being investigated for crimes against humanity and war crimes were an average of 4,000/yr. in Sudan/Darfur; 2958/yr. in Colombia; 2336/yr. in the Congo; and that total death under Pinochet were 3,197 (1974-90); and under Franco were 114,000[8] (1936-52).

It should be noted that the estimated 33,000 women killed each year by intimate partners only reflect recorded deaths, but does not include disappearances rape, torture, ill-treatment, emotional abuse or disappearances, nor does it account for the estimated $30 billion usd/year[9] in health care and lost productivity costs in western societies caused by domestic violence.  And, it does not include male children who are sexually abuse, mistreated, and/or killed each year at the hands of an abusing parent. The gravity and enormity of the problem cannot be stressed enough. 

However, even though the issues and problems, as well as the consequences under international law is well documented, western judicial systems are not applying these standards in family law and as a consequence are knowingly sanctioning, encouraging and supporting the rape, torture and ill-treatment of victims of domestic violence under their jurisdiction, recalling that this represents a population of the over 415 million women and 100’s of millions of child victims and potential victims in western countries alone – without counting countries in the East, Middle East, Africa and Latin America – 6 billion people.

Reminding thatlesser developed countries(with nearly 1 billion victims and potential victims) are often following initiatives, programs, and trends developed in western countries. Meaning thatif western societies continue to send a message of impunity to abusers and judicial actors for their complicity in said impunity, then the developing countries mentioned above will follow suit.  But, if they address these issues by developing systems of transparency and accountability of family courts and judicial actors, these other countries will follow suit.  Also, noting that those involved in war crimes, mass-torture, genocides, and their conspirators, were all victims of/witnessed extreme domestic violence as children.

Taking the case-study of Spain presented in the attached documents[10], the legal counsels of victims, presiding judges, and court-psychologists  are systematically and knowingly covering-up and suppressing evidence of domestic violence, even declaring that acts of abuse are “patria-filial” rights[11] of the husband and/or father. Furthermore when presented with complaints, regulatory agencies (Defensor del Pueblo, Consejo General del Poder Judicial[12], Instituto de la Mujer[13], and Colegio de Abogados[14], inter alia) are refusing to fulfill their obligation to duly investigate allegations of victims.

Judicial actors are utilizing the same tactics to silence and intimidate victims as abusers are using (economic sanctions, threats, intimidation, manipulation of court-proceedings, and refusal to present/examine evidence), thereby re-victimizing victims. And, the refusal of regulatory agencies to investigate the actions (and omission of actions) of judicial actors is creating a “culture of impunity” for these actors as well as for abusers, thereby encouraging future abuses of victims as well as widespread corruption within judicial systems.

In the case of the Colegio de Abogados de Madrid (Madrid Bar Association) they have even declared[15] that the “decisions by lawyers [that violate the rights of their clients and/or fail to defend & protect clients’ interests] fall under their independence, prerogative that assist in the execution of their function as provided for under article 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, [and] that immunizes them from all interference and is the exclusive territory of the defense, without any possibility of a deontological revision”. Further declaring that the violation of the rights of a victim of domestic violence and discrimination against women “exclusively affect fundamental rights recognized in the Spanish Constitution (CE) and norms in international agreements, and not in any way norms under ordinary laws” and thereby protects lawyers from any wrong-doing (see attached Press Release – 9/13).

One of the key and necessary actors in defending the rights of women and children are the lawyers of victims. These professionals have a legal and moral obligation to be familiar with and utilize the constitution, civil and penal codes, progressive laws (gender equality and domestic violence), jurisprudence, expert testimony, and innovative, well-developed argumentation to defend their clients and promote their interests. However, as women rights organizations have avowed, it is almost impossible to find lawyers (in N. America, Europe, Australia, and New Zealand) who will effectively defend victims of domestic abuse.

In order to understand how and why lawyers (and other judicial actors) are failing to defend their clients one must examine the following “social” factors from an intersectional perspective:

  1. Widespread discriminatory beliefs amongst judicial actors that women lie about domestic abuse in order to obtain preferential treatment during divorce (an illogical argument since women who file complaints for abuse (perpetrated against them or their children) receive reprisals and detrimental treatment during divorce proceedings).
  2. The still prevalent belief that women are hysterical, stupid, don’t understand complex concepts ‘litigation/legal principles’ etc. “weak, lacked strength, their brains [are] too small. So those who could, stayed home and looked after the children accepting the role of homemaker and mother (Coltrane 1998).”[16] (ie. case-study Spain, the cállate tonta mentality)
  3. The common belief that homemakers “don’t do anything” and live-off the hard-work of their husbands. This is the main reason that lawyers are failing to adequately reclaim common property assets during divorce, and judges are refusing to award alimony to women commensurate with contribution to home and family. As a consequence homemakers are left destitute by courts and denied access to common property assets during the entire process, effectively hampering their ability to defend themselves within the courts.

(In examining the case-study of Spain (see Nov. ‘13 & Jan. ‘14 Family Courts in Crisis newsletters) – judges award alimony in 11.4% of divorces with reported sums at €500/month (below poverty level) after an average of 15 years of matrimony with the average age of women, 42 years old. Many of these women who have not developed careers and dedicated themselves to raising children & assisting husbands in developing their careers (and elevated salary levels) are left penniless, and thrown into labor-markets where gender & age discrimination is rampant (with unemployment rates of 26.7%) condemning them to a life of extreme poverty. Basically, the courts are relegating the status of the homemaker to one of servitude with no recognition of her contribution to the family or society, & ‘workers’ rights (“safe conditions,” compensation, or pension, etc.) – in violation of Convention of Civil & Political Rights, & Intl. Covenant on Economic, Social & Cultural Rights).

Financial dependence of women is the strongest and most effective form of control a man has over his victim, and the court re-enforces this power and control – all the while classifying women who seek common property assets & alimony as “gold-diggers”17 [17].

  1. Historically victims of domestic violence have been “silenced” by the community in order to protect the “honor” of the abuser (using tactics such as making victims feel “ashamed” and “responsible”, talking about abuse is not considered “polite” conversation, social ostracisation, restricting access to assets & funds, etc.) and lawyers are utilizing these same tactics in silencing victims (their clients)
  2. Up to two-thirds of populations suffer from “abusive personality” disorders, with abusers more likely to seek jobs which put them in positions of authority and facilitate their access to victims.[18] Lawyers, judges and court-psychologist are in positions where they can easily and readily abuse their powers over women. This is the reason that accountability of judicial actors by regulatory agencies is of the utmost importance in government fulfilling their obligation to protect.
  3. There exists a false assumption that women lawyers, judges, etc. will defend the rights of victims, when in fact these women are as likely, if not more likely, to discriminate against victims or cover-up abuse. As stated in the UN report In-depth study on all forms of violence against women, “Women also commit acts of violence. While women commit a small proportion of intimate partner violence, they are involved to a greater degree in the perpetration of harmful traditional practices”
  4. There exists a high level of nepotism, “old-school” networks, and antiquated “code of honor” traditions amongst lawyers (and other judicial actors) which encourage (if not obligate) the covering-up for “indiscretions” (negligence, malpractice, etc.) of colleagues
  5. Since there is no effective over-sight on family courts, with gag orders common in cases where victims attempt to attract media attention, judicial corruption has become common (noting there is a high correlation between abusers and criminal activity/organized & white collar crime.) –

Judicial civil servants can manipulate the dates of hearings in order to favor one party over another… Judge can make inexact summary decision or distort the testimonies of witnesses before handing down a sentence… Judges can refuse the introduction of evidence or testimonies in order to favor one party over another… Civil servants can ―lose a document… Prosecutors can block avenue of legal reparation…  Corruption is more likely in judicial procedure where journalist do not have free access to all fact or lack of activist groups who push for reform. (This is a synopsis of problems in family courts) — About Judicial Corruption 2007 by Transparency International

“White-collar criminals exert more pressure on the judiciary, as they have easier access to social networks that facilitate corruption… organised crime uses social, professional and political networks to influence the judiciary… Certain type of companies, such as law firms..are in high demand by organised crime as middlemen… Attorneys have a significant competitive advantage over all other intermediaries – they can provide services through the whole institutional chain, starting with police and going all the way to prosecutors and even judges… ‘Collusion’ is often a more appropriate way of describing professionals‘ corrupt behaviour, including that of lawyers.. — Examining the Links Between Organized Crime and Corruption by the Center for The Study of Democracy

  1. Divorce courts are a huge money-making industry, with little incentive for lawyers to develop arguments and jurisprudence advancing the rights of women within the family or marriage. Yet, jurisprudence (supreme/constitutional court decisions) in the past few decades regarding domestic abuse and family law, has made many inroads in advancing father’s rights and ‘abusers rights’, with little opposition/argumentation from family law lawyers. (This is an area which needs serious examination from a trans-national pool of legal experts in family law, in conjunction with human, civil and women’s rights lawyers.)
  2. Women’s rights movements have concentrated almost exclusively on women’s rights within the work-force and reproductive rights in the past – not the home or marriage. This has left a “vacuum” as women simply have not ‘gained’ any rights in the home and marriage in the past 100 years, because no one is “requesting/demanding/arguing for” those rights in the courts. – Feminists and women’s rights activists have traditionally considered homemaker’s role (house-keeping, child-raising, supporting husband’s career, even marriage itself) as ‘shackles of oppression’ with little incentive or desire to develop a political platform or promote legal rights of the homemaker.

In order to advance and defend the rights of victims of domestic abuse it is imperative that human, civil, and women’s rights organizations and legal clinics around the world take a proactive approach to the defense of victims. This entails assisting individual victims compile and file complaints against judicial actors for actions (and omission of actions) which have failed to defend their rights and interests in the courts, including but not limited to the suppression of evidence. And, after all domestic remedies have been thoroughly exhausted, compiling and filing cases within the appropriate international courts against governments who are failing to exercise due diligence in fulfilling their obligation to protect.

Additionally, women’s rights organizations and activists must promote and develop argumentation for the rights of the homemaker and recognition of her contributions to her family and society. Additionally, they must actively lobby and work with lawyers at national levels in developing protocol and ‘good practices’, which comprehensively build legal principles and jurisprudence which defends women’s rights within the courts, as well as a global, political platform and plan of action (see #9 above).

The mission of my organization, Global Expats, is to assist the expatriated (unemployed) homemaker and families (see Global Expats’ report Profile of the Trailing Spouse and Expat Family). In my blogs on the Huffington Post and Memoirs of a Trailing Spouse, I have started to establish and develop arguments promoting the rights of the homemaker (and related social issues) and which might assist women’s rights organizations, activists, and lawyers in promoting these rights.

I would be happy to speak with any organizations, activists, advocates, etc. about my on-going research & work (see Family Courts in Crisis & World Pulse Journal), and concretely what can be done at present.  I can be reached at my email: quenby@global-xpats.com, skype: quenby.wilcox2, and cel.: 00.1.202-213-4911.

Sincerely,

Quenby Wilcox

Founder – Global Expats

Founder – Safe Child International

————————————–

[1] Nov. 2013 edition, Save the Children – Spanish Justice System Faced with Child Sexual Abuse within the Family; Dec. 2013 edition, United Nations Report – Violence Against Women as a Human Right Violation, Jan. 2014, Amnesty International – What Specialized Justice? – May 2013-Jan. 2014 editions of Family Courts in Crisis are posted http://worldpulse.com/node/71182

[2] Estimates by the Global Burden of Armed Conflict report by the Geneva Declaration http://www.genevadeclaration.org/fileadmin/docs/GBAV2/GBAV2011_CH4.pdf

[3]In-depth study on all forms of violence against women – Report of the Secretary-General, United Nations

[4] Declaration on the Elimination of Violence Against Women “violence against women” means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life… Violence against women shall be understood to encompass, but not be limited to, the following:  (a) Physical, sexual and psychological violence occurring in the family.”

[5] Convention on the Rights of the Child “the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,  Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding”

[6] the Rome Statute of the International Criminal Court defines “crime against humanity” as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:  (a) Murder; (c) Enslavement; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f)     Torture; (g) Rape, sexual slavery, or any other form of sexual violence of comparable gravity; (h)     Persecution against any identifiable group or collectivity on gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

[7]Geneva Declaration, Global Burden of Armed Conflict Report (total deaths (2004-2007) for; Sudan 12,719;Colombia 11,832; Congo (DRC) 9,346; Sri Lanka 9,065; India 8,433; Somalia 8,424; Nepal 7,286; Pakistan 6,581)

[8] in October 2008 a Spanish judge, Baltasar Garzón, of the National Court of Spain authorized, for the first time, an investigation into the disappearance and assassination of 114,000 victims of the dictatorship between 1936 and 1952.[232] (Wikipedia- http://en.wikipedia.org/wiki/White_Terror_(Spain) (with total deaths of during the White and Red Terror of Franco’s regime 1936-1975 are estimated to be 150,000-400,000).

[9] Based on an estimate $8.3 billion in the USA, and extrapolated  – http://www.caepv.org/getinfo/facts_stats.php?factsec=2

[10] Calling attention to Amnesty International’s (Spain) report ¿Que Justicia Especializada? And Save the Children’s (Spain) report La Justicia Española Frente al Abuso Sexual en el Entorno Familiar  – see attached Family Courts in Crisis Nov. & Jan. newsletters for a summary of reports in English).

[11] See case of Sylvina Bassani http://worldpulse.com/node/18196

[12]http://worldpulse.com/node/52011

[13]http://worldpulse.com/node/50602

[14]http://worldpulse.com/node/80536

[15] In decision on the Colegio de Abogados in regards to complaint filed by Quenby Wilcox in July 2013, Preliminar 859-13, posted on  http://worldpulse.com/node/80671

[16] Adaptation of the Trailing Spouse: Does Gender Matter? by Anne Braseby

[17] During my divorce I was told that I should be ashamed of myself for not “worked” for all of those years – not considering that I made 8 international moves in 17 years of marriage and it was impossible for me to maintain a career, pursue higher education/degrees, and my enormous contribution to my husband’s career – well document in global mobility industry reports & stats.

[18] Social Intelligence byDaniel Goleman

The Case of Beth Schlesinger

Posted on by QuenbyWilcox

The Case of Beth Schlesinger – www.helpbeth.org

Beth’s Case in the News

Australian Jewish News – A Mother’s Battle for Justice… And Her Children

Austrian Independent – Demonstration for Schlesinger twins

Austrian Times – The Wisdom of Solomon And A Modern Tragedy

Barnet Today Newspaper – Hendon man in battle for the return of his sister’s twin sons 

Daily Mail – British mother loses appeal for custody of her four-year-old twins after court rules Austrian doctor ex-husband is better parent

Daily Telegraph – Beth Schlesinger: ‘I still hope that a miracle will bring my boys home’

Galus Australis – Injustice in Vienna

The Jerusalem Post – British MPs label case of Schlesinger twins ‘Kafaesque’ and ‘a miscarriage of justice’

Schlesinger Twins in the Media – U.K. Chief Rabbi Assails Austrian Courts Over Schlessinger Twins Case

Huffington Post – Beth Schlesinger, The British Mother Whose Austrian Custody Case Made UK Ministers Furious

Easy Living Magazine

EasyLiving_p11 - Schlesinger

EasyLiving_p21 - Schlesinger

EasyLiving_p31 - Schlesinger

Guest Post By Quenby Wilcox founder of Safe Child International

Statistics and studies by a wide variety of organizations, Amnesty International and Save the Children included, demonstrate that family courts around the world are awarding custody of minor children to a parent who is physically or sexually abusing said child, at a the alarming rate of 70-90%, states Quenby Wilcox, Founder of Safe Child International, (see Family Courts in Crisis newsletter –http://worldpulse.com/node/71182,) as well as Founder of Global Expats, an organization whose mission is to assist expatriated families around the world.

In order to justify and rationalize said custodial decisions (cases in which violations of rights of women and children are rampant and totally lacking due process) courts are often labeling the protective parent as “unfit,” or “unstable.” These claims, when investigated, are always nothing more than unsubstantiated allegations by the abusive partner. The only “collaboration” of these claims are made by unqualified, gender-bias court psychologist who have failed to follow protocol, have based their opinion on “debunk” science, or professional negligence (See Save the Children Spain report La justicia española frente al abuso sexual infantil en el entorno familiar, covered in November edition of Family Courts in Crisis.)

For several decades international courts of human rights in Europe and the Americas have recognized domestic violence as a human rights violations with an obligation of a government to protect these victims under the principle of due diligence. The most recent case found the USA guilty of human rights violations under their obligation to protect in Gonzales vs. USA, 2011.

The case of Ms. Schlesinger and her children in the Vienna courts follow the same patterns and failures of due process that are being seen in family courts all over Europe and North America. The violation of rights in these cases is rampant and overt, and begs the question of why the British Consulate in Vienna has not used its prerogative and authority as provided for in the Convention of Consular Relations to assure that Ms. Schlesinger and her children’s rights are protected and defended in Austrian courts. The British government has a clear responsibility to assure the protection of these rights under international law, particularly in respect to minor children, victims of abuse, reminding that both the UK and Austria are signatory to the Convention on the Rights of the Child and Convention on Elimination of Discrimination Against Women.

Domestic violence and women’s rights organization in North America and Europe for several decades have substantiated the rampant gender-bias within family courts, which is resulting in hundreds of thousands of children each year being handed over to their abusers. But, governments are consistently refusing to investigate the problems within judicial systems, and even less develop solutions.

One of the main problems within the courts is that lawyers are failing to utilize newly passed legislation and case law to defend the rights of victims, and/or involved in covering-up evidence of abuse of their clients. Studies demonstrate and document systematic cover-up of evidence of abuse by lawyers and judges for a variety of reasons, including gender-bias and discrimination against women; widespread “training” within the court systems of “false allegations” theory, Parental Alienation Syndrome (PAS) (as an explanation for the rejection of abused children towards abusive parent), etc.; corruption, bribes and pay-offs; and professional incompetence and negligence.

The cover-up for rampant negligence and corruption in the family courts even extends to government regulatory agencies who refuse to investigate allegations of corruption and/or negligence. A recent decision of the Bar Association of Madrid (Preliminar 859/13 posted on http://worldpulse.com/node/73713) demonstrates and documents the refusal to investigate, contending that:

    • the violation of the rights of a victim of domestic violence and discrimination against women by the victim’s legal counsel “exclusively affect fundamental rights recognized in the Spanish Constitution (CE) and norms in international agreements, and not in any way norms under ordinary laws” and thereby protects lawyers from any wrong-doing.
    • The malpractice and negligence of implicated lawyers are “decisions by lawyers [that] fall under their independence…[and] that immunizes them from all interference and is the exclusive territory of the defence,  without any possibility of a deontological revision”

Until, and unless, legal professions and bar associations address the 75+% negligence rates of lawyers, holding these professionals responsible for their negligence (in criminal and civil court,) victims of domestic abuse will continue to be re-victimized by the very judicial systems which have an obligation to protect and assist them.

It is high time that governments start fulfilling their obligations to citizens, particularly women and children. They must stop making empty promises in speeches, and passage of laws and treaties, but then continue “business as usual” in their failure to act and take “positive action” in fulfilling those promises. It is also high time that the international community, with human rights and women’s rights organizations taking the lead, hold governments accountable for the rampant human rights violations occurring in their borders, and the systematic cover-up by family courts of these violations.

I hope that human and women’s rights organisations, as well as journalists, in the UK and Austria will take an active interest in Ms. Schlesinger’s case, thoroughly investigating the facts, and assuring that the rights of these two children have, and will be, protected to the highest letter of the law. The global community has the power and authority to turn decades of empty government rhetoric into reality, and must use it to assure that they fulfill their obligation to all citizens, everywhere.

Quenby Wilcox
Founder – Global Expats
Founder – Safe Child International

Follow Quenby Wilcox on Twitter: www.twitter.com/GlobalExpats

Complaint to UN Commission on the Status of Women -11/2012

Posted on by QuenbyWilcox

Table of Infraction Wilcox vs. Spain

CSW Communications Procedure, Human Rights Section, UN Women, 220 East 42nd Street, 17th floor, NYC, NY 10017

July 24, 2012

Dear Members of the Commission on the Status of Women;

I am here by submitting a complaint to the United Nations Entity for Gender Equality and the Empowerment of Women – Commission on the Status of Women against the Spanish government, for the following violations:

  • their failure to protect victims of gender violence
  • failure to assure due process and prevent discrimination against women within judicial proceeding pertaining to divorce, custodial decisions, and liquidation of common assets
  • application of  discriminatory norms against and stereotypes of women during judicial proceedings and decisions
  • the failure of government regulatory agencies to duly investigate complaints of lack of due process, discrimination, and negligence/corruption of State and non-State judicial actors

Briefly, my case began in 2007 when my husband of that time, threatened to take away my children, all of my assets and throw me on the street with nothing if I did not renounce my efforts to create, Global Expats – www.global-expats.com, a project/business that I had been developing for the preceding year. This business venture would not only provide gainful employment for me but for thousands of other unemployed, expatriated homemakers around the world, while providing comprehensive assistance to millions of expatriated families around the globe. See enclosed, Global Expats – Concept and Structure[1]. (Document #1).

His threats eventually escalated to repeated threats upon my life and person, becoming so violent that I was obligated to file an official complaint with appropriate Spanish authorities. In subsequent judicial proceeding he was absolved of all wrong-doing. During subsequent divorce proceedings:

  • I was continually denied all access to my assets and funds (thereby hampering my ability to effectively defend my rights as well as those of my children)
  • I was harassed and arbitrarily arrested by local police
  • I was denied assistance from the local domestic violence assistance center (Villanueva de la Canada) and women’s rights associations in Madrid
  • custody of my children was illegally removed from me, with the courts effectively preventing my contact with them for the past 5 years
  • my legal counsel were continually negligent in defending my interests and rights, constantly acting in the interests of my ex-husband rather than mine (their client)
  • I was forced to leave Spain, and my children, due to on-going threats of my ex-husband of incarceration (prison and/or psychiatric facilities), repeated stalking and threats upon my life by him and third parties, as well as my inability to find gainful employment and/or access my funds and assets in Spain. (My present lawyer’s stance to said threats is “Lady, it’s not my problem.”)

Financial claims against my ex-husband amount to approximately €2 million, but due to the repeated refusal of my legal counsel to reclaim said assets and financial compensation(s), as well as rampant corruption[2] of judicial proceedings, I have been left destitute, officially homeless, and unable to find long-term, stable employment for the past 4 years. (If my assets had been made available to me, my website would have been reconstructed and I would have been financially self-sufficient during all of this time; a fact of which my lawyers have been well aware from the beginning). Please find enclosed a detailed time-line of said events.

I have already filed complaints with the Instituto de la Mujer, Consejo General del Poder Judicial, and Defensor del Pueblo, but they have refused to investigate my allegations and/or take any action against the perpetrators of said violations. Please find enclosed a copy of my complaint for discrimination against women filed with the Instituto de Mujer (Document #2), my complaint for lack of due process to the Consejo General del Poder Judicial (Document #3), with both complaints being presented to the Defensor del Pueblo[3]. For your convenience I have enclosed a copy of their responses (Document #4).

I have also repeatedly requested assistance from my Consulates in Spain (American and French, as I and my children possess both nationalities), requesting assistance under the Convention of Consular Affairs, but have been denied assistance upon all occasions. Please find copies of my correspondence with US State Department officials since 2007 (Document #5).

The democratic model offered by the Spanish nation and its people is a truly exemplary structure in advancing the principles of democracy as well as advancing the rights of women. However,as shown in my case,the failure of judicial actors (State and non-State) to uphold and promote these principles and laws show that the true challenge in developing democracies, and eliminating discrimination and violence against women, which in turn produces economically and socially prosperous societies, is dependent not upon progressive constitutions and legislation, but rather upon governments and their regulatory agencies in assuring that judicial actors utilize and apply these laws and principles during judicial proceedings and decisions. (Please see my report Domestic Abuse as a Human Rights Violations and the Principle of Due Diligence – Spain a Case Study posted onhttp://worldpulse.com/node/55730).

In the coming months, and in my efforts to exhaust all remedies at my disposal within the Spanish judicial system, I will be filing the following:

  • complaints against my legal representatives with the Colegio de Abogados and Colegio de Procuradores for their professional and criminal negligence in regards to my case
  • complaints against the psico-social team of the juzgado de Mostoles assigned to my case with the Colegio de Psicólogos
  • re-petitioning the Instituto de Mujer, Consejo General del Poder Judicial and Defensor del Pueblo to investigate, prosecute, and punish any and all State and non-State actors who have violated my and my children’s rights, or abused their power and authority in any way, resulting in mental duress to me and my children, as well as financial losses to me and my company.

Unfortunately, my case is not an isolated one, but rather occurring at a rate of 70% amongst women within western democratic nations, approaching a rate of 95% within minority/foreign national populations.

With the globalization of our world, and an increasing number of cross-national marriages, the failure of judicial actors to protect victims of domestic violence is also creating an increasing problem within the international arena, namely international child abduction under the Hague Convention. See reports by The Hague Convention Domestic Violence Project http://www.haguedv.org/ (noting the Recent Reports section of their website). As shown in these reports approximately 70% of women involved in international child abduction cases are fleeing domestic abuse, and the failure of judicial systems to protect them.

Additionally, we are seeing and increasing awareness and recognition of the obligation of governments to protect victims of gender-based violence and abuse as human rights violations, under the principle of due diligence, within international human rights courts; calling attention to Velasquez vs. Honduras, A vs. UK, (European Courts of Human Rights) and more recently Gonzales vs. USA (Inter-American Courts on Human Rights).

In filing my complaint with the UN, I would like to take the opportunity to add that the same problems that I and other women, are experiencing within the Spanish judicial system are occurring in judicial systems around the world. However, not only are these problems preventing the advancement of women’s rights and elimination of gender-based violence, but are also perpetuating violence and abuse amongst future generations.

Statistics show that in 70% of custodial decisions involving sexual and physical abuse of children (excluding cases of psychological abuse), the abuser is awarded partial or full custody, with the protective parents being threatened with incarceration and/or loss of custodial rights if further complaints are filed for alleged abuse.

The rampant failure of judicial systems to protect victims of abuse, translates into 58,000 children in the USA each year being awarded custody to their abusers (for periods of 14-16 years); meaning that close to 1 million children each year in the USA alone are being sexually or physically abused by a custodial parent, with said abuse being sanctioned and encouraged by the court systems entrusted with the duty and obligation to protect these children[4]. Statistical data is sorely lacking in other western democratic nations, however, based on statistical data in the USA, this means that globally the rape and torture of tens of millions of children each year by a member of their immediate family is being sanctioned and encouraged by negligent judicial systems.

I hope that in bringing these issues and problems to the attention of the United Nations Entity for Gender Equality and the Empowerment of Women – Commission on the Status of Women, governments and their regulatory agencies will be propelled to take positive action in addressing horrific human rights violations that are occurring on a daily basis within their borders, and which is within their power as well as their duty to address, prevent and sanction.

I thank you in advance for your consideration and remain at the disposition of the Commission on the Status of Women to answer any questions that might arise. Additionally, I give my permission to communicate my identity to any government agencies or their representatives.

Sincerely,

Quenby Wilcox

Founder, Global Expats

www.global-xpats.com

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[1] Supplementary information is available on http://worldpulse.com/node/44543

[2] The definition of corruption used is that of Amnesty International; Transparency International; The Internacional Council on Human Rights Policy; Edgardo Buscaglia and Jan van Dijk, Crime Prevention and Criminal Justice Officer and Officer-in-Charge, Human Security Branch, United Nations Office on Drugs and Crime in CONTROLLING ORGANIZED CRIME AND CORRUPTION IN THE PUBLIC SECTOR; inter alía.

[3] The enclosed documents are in English, however, the complaints filed with said agencies were in Spanish; copies of which can be found on http://worldpulse.com/node/52011 and http://worldpulse.com/node/50602

[4] See REPORT – Sexual Abuse of Children and the Failure of Family Courts to Protect posted on http://worldpulse.com/node/55730

Huffington Post, Womenalia & Reuters Foundation Blogs by Quenby Wilcox

Posted on by QuenbyWilcox

Quenby Wilcox is the Founder of Global Expats, which assists expat families, targeting the homemaker and expat mom. She moved abroad for the first time in 1977 to live in England as a Third Culture Kid (TCK); to Paris in 1987 as a student; and in 1989 until 2008 she was an expat, trailing spouse, living in Paris, Madrid, Brussels, Paris, Bogotá and again Madrid. In 2009, due to a high-conflict divorce in Spain, she returned to Washington, DC seeking assistance from the U.S. government, as she fought for her and her children’s rights in Spanish family courts. Her case is now headed to international courts against Spain for human rights violations.

In addition to Global Expats she is Founder of Safe Child International, whose mission is to promote and defend the rights of victims of domestic violence, and publishes a monthly newsletter Family Courts in Crisis.   Her blogs can be found on the following:

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Her Blogs on Reuters Foundation are as follows:

A Global Voice for Women: The Right to be Heard

By Quenby Wilcox

There is an erroneous assumption that the battles to combat violence and discrimination against women have been fought, and already won in ‘western’, ‘developed’ countries. It is a naïve notion at best and a dangerous one at worst…. Read Post

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Her Blogs on the Huffington Post are as follows:

Trailing Spouse vs. Accompanying Spouse: Semantics or Principle?

(4) Comments | Posted April 17, 2014 | 12:03 PM
The term “trailing spouse” has elicited much debate and discussion since it was coined back in the 1980s in the dark ages of the global migration of the modern expat family. Most expat spouses of today take offense at the term “trailing spouse” and have opted out for “accompanying spouse,”…
Read Post
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Opting Back In: Not As Peachy As it Seems for the Divorcée

(2) Comments | Posted February 19, 2014
In 2003, Lisa Belkin coined the phrase ‘opting-out’ with her New York Times Magazinearticle “Opt Out Revolution”. Since then, many journalists have taken ‘pen in hand’ to write about the trials and tribulations of women leaving the work-force to raise families, and a decade later of them…
Read Post
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Why So Many Moms Trade In Corporate Jobs for a Life as a Trailing Spouse

(2) Comments | Posted January 14, 2014
Giving up a career to become a stay-at-home mom is difficult enough for someone who stays in the same city or country, but for the woman who moves abroad, the challenges are ten-fold. So why would a highly educated, professional woman give up her career and financial independence to follow…
Read Post
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Dual-Career Challenges for the Expat Family: Why Expat Employers Should Be Concerned

(0) Comments | Posted December 11, 2013
Most people believe that an international assignment with a multinational footing the bill is highly sought-after amongst corporate executives. However, this is far from the truth. Americans turn down expat posts at a rate of 94%, with 70% of these refusals due to a spouse’s refusal to give up their…
Read Post
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Trailing Spouses: The Unsung Heroes of an International Relocation

(5) Comments | Posted November 19, 2013
Every year tens of thousands of Americans pack up all of their belongings and move to another country, joining over 6 million of their compatriots who live abroad. Millions of these brave souls are the mothers and wives of expatriated employees, commonly known as trailing or accompanying spouses. These women,…
Read Post
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Her Blogs on Womenalia are as follows:

Quenby Wilcox - Having It All

Having It All

The phenomenon of the dual-career family is a growing reality in societies around the world, and as a consequence women (and men) are increasingly focusing their time and energy on work-life balance and family life. In her blog on Womenalia, ‘Having it All’, Quenby will explore the realities of women who have ‘opted-out’ of the workforce for over the past decades, the challenges they face in workplace re-insertion, as well as their efforts to re-invent themselves after children ‘leave the nest’.

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Ideological Problems Plague Our Nation’s Capital

“An ideology is a conceptual framework with the way people deal with reality. Everyone has one. You have to – to exist, you need an ideology. The question is whether it is accurate or not….” These were…

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Bullying in the Workplace and Its Consequences

The Internet is full of advice on how to be successful in the workplace. How to develop one’s social skills; what to say, what to do, what to wear, what not to say, what not to do, what not to wear…

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Professionalization to Domesticity: Not Mutually Exclusive

The work-place of the 1980s and ‘90s was characterized by a transition from a manufacturing to a service and information-base economy, or what some call the “post-industrial revolution”. It was replete…

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Is “Alpha” Male Leadership Responsible for Modern Societies’ Problems?

“What is marketing?” were the opening words of my Marketing 101 professor on the first day of class, all too many years ago. His question received a myriad of responses filled with business jargon and hyped…

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Dressing for a New Type of Success

In the past years, one of the hardest things to deal with during my divorce has been the attitude – the attitude, as one woman put it – that stay-at-home moms should be ashamed of staying home to raise…

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Gilded Cages: Why the Caged Bird Still Sings

“The problem lay buried, unspoken, for many years in the minds of American women. It was a strange stirring, a sense of dissatisfaction, a yearning that women suffered in the middle of the 20th century in the…

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Work-Life Balance: The Importance of Ingenuity & Perseverance

In A Career in Your Suitcase, Jo Parfitt and Colleen Reichrath-Smith state that the key to a successful career lies in “finding our passions, which we can also think of as our vocation or the work we were…

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Opting Back Into the Job Market: a ‘Piece of Cake’, Or Is It?

In 2003 Lisa Belkin coined the phrase ‘opting out’ (of the workforce) with her New York Times article Opt Out Revolution. Since then the Internet has been flooded with blogs and articles about moms who have…

Letter to Human Rights Org 9/15/13

Posted on by QuenbyWilcox

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  https://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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Letter to State Dept – Under Secretary Kennedy 3/14/14

Posted on by QuenbyWilcox
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!

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This is the consequence of what the courts are turning a blind eye to!! By their failure to act judges, lawyer, court-appointed officials, and the governments who hire and/or license them are complicit and accessories after the fact to the crimes committed against these children. 

The contention of government officials that they are under no legal obligation to prevent these crimes, protect victims, and/or prosecute the perpetrators of these crimes and human rights violation IS ABSOLUTELY FALSE!  And, why these crimes are CRIMES AGAINST HUMANITY – NOT “PRIVATE MATTERS and/or “CIVIL DISPUTES”. 

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July 27, 2011: Statement by Under Secretary for Management Patrick Kennedy before the Senate Committee on the Judiciary

For full text of Under Sec. Kennedy go to http://www.state.gov/m/rls/remarks/2011/169182.htm 

May 14, 2014

RE: American Victims of Domestic Violence Living Abroad & the Obligation of the US Government to Protect Under International Law

Dear Under Secretary Kennedy; Jim Pettit (Deputy Assistant Secretary of State for Overseas Citizens Services); Joyce Namde (European Division Director, Office of American Citizen Services & Crisis Management),

I am once again contacting you regards to my ongoing case against the Spanish government for human rights violations, which due to Spanish regulatory agencies systematic and extensive refusal to investigate allegations of the cover-up for human rights violations by judicial actors in Spanish judicial proceedings (as documented by Amnesty International & Save the Children, inter alia) elevates these crimes to crimes against humanity as defined by the art. 7 of the Roma Statute of the International Criminal Courts (art. 7–“murder, rape, torture, enslavement, imprisonment, persecution of a group, or other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health… when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack”).

The continual refusal of the American Consulate in Madrid & US Department of State in Washington, DC to comply with §71.1 and §10.735–215 of CFR 22, 2715a, 71.6, 3904(1) of 22 USC, 7 FAM (1700’s & 1900’s), and utilize their prerogatives under the Convention of Consular Relations, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and Declaration of Basic Principles of Justice for Victims of Crime & Abuse of Power, inter alia in order to fulfill their ‘obligation to protect’ Americans living abroad, victims of domestic violence, legal abuse and violation of rights within Spanish courts renders them complicit to the human rights violations of the Spanish government under their omission of action.

The continual refusal of the US Department of State to provide assistance under the aforementioned, claiming that they may not comply with my requests for assistance due to their inability to “intervene in private legal matters of US citizens in foreign courts” is erroneous under the following:

  • Domestic violence and the failure of a government to protect is a human rights violation not a “private legal matter” – Inter-American Commission of Human Rights, Gonzales vs. USA, 2011
  • The double standard of US Department of State officials, and de facto discrimination against women, which claims that domestic violence, the failure of a State to protect, and illegal acts by judicial actors in relation to divorce, division of assets and custodial decisions of foreign nationals are “private legal matters”, but women & children who flee a host country in fear of their lives, sexual abuse, physical violence, and/or psychological torture are criminal acts for which women may, and are, increasingly incarcerated with the active assistance of State Department & US government officials in the capture of said victims

The refusal of State Department civil servants and officials to implement federal guidelines and directives, as well as international law & State Department rhetoric, into their actions parallels and mimics the failure of legal professions and judicial actors to integrate domestic violence & anti-discrimination against women legislation and jurisprudence into their case management and argumentation of individual case during divorce proceedings & related litigation.  The crux of the problem in the ‘failure to protect’ is the refusal of lawyers & judges to utilize and/or implement laws and legal principles that defend and protect the rights of women – while applying favoritism for men in judicial decisions & argumentations. This is why at present the concentration of governments should, and must be, transparency & accountability of judicial actors who are breaking the law.  

As stated by Michelle Bachelet, Executive Director of UN Women state “The shortcomings [in failing to protect victims of domestic violence] are not in the vision, voices and the voluminous efforts undertaken by determined women around the world. No, the shortcomings lie elsewhere—in the lack of political prioritization… Now is the time for governments to translate international promises into concrete national action….”

In light of the afore mentioned, I am hereby, once again requesting that the US Department of State translate their promises into concrete action, by assuring that the American Embassy in Madrid utilize its prerogatives under the Convention of Consular Relations, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and Declaration of Basic Principles of Justice for Victims of Crime & Abuse of Power in officially requesting that appropriate Spanish authorities investigate my allegations against implicated judicial actors whose actions and/or omissions of actions resulted in the violation of my and/or my children’s rights, and whose actions, and/or omissions of actions, constitute penal offenses under Spanish law.

I hope that the US Department of State will reconsider, and rescind, its policy of non-compliance with §71.1 and §10.735–215 of CFR 22, 2715a, 71.6, 3904(1) of 22 USC, 7 FAM (1700’s & 1900’s), and the Convention of Consular Relations, inter alia in defending the rights of American victims of domestic abuse living abroad, and whose rights have been violated by host countries judicial systems, in violation of international law, as well as the host’s countries national law.

If American Consulates around the world would systematically comply with CFR 22, 22 USC, and 7 FAM, and utilize their prerogatives under the Convention of Consular Relations, inter alia, judicial actors within receiving states would not so overtly and flagrantly violate the rights of American women & children, under the fear and knowledge that American Consulates would assure that these actors are held accountable for their illegal actions, and/or omissions of actions. In this way the American government, and US Department of State, would be able to:

  • fulfill their ‘obligation to protect’ under international law
  • assure transparency & accountability in judicial systems around the world
  • promote democracy & democratic principles around the world
  • effectively combat violence & discrimination against women & children around the world,

instead of the present situation, in which the US government is complicit to human rights violations of American women & children by foreign government.

Please find enclosed a copy of my letters to Ambassador Costos in Madrid and my official complaint to the Spanish Defensor del Pueblo.

Thank you in advance for your time and consideration. If you should have any questions, I may be contacted at my email, quenby@global-xpats.com.

Sincerely,

Quenby Wilcox

Founder – Global Expats

Founder – Safe Child International

Letter to US State Dept – Amb. Costos – 2/3/14

Posted on by QuenbyWilcox
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

http://www.antena3.com/videos-online/programas/espejo-publico/soy-inocente-estoy-secuestrada_2014011700051.html

http://www.antena3.com/videos-online/programas/espejo-publico/victoria-carrascosa-pide-ayuda-gobierno-espanol_2013041900048.html

February 3, 2014

RE: Human Rights Case Wilcox vs. Spain – Violations of Rights & Judicial Corruption

Dear Ambassador Costos,

I am once again contacting you regarding the American Embassy in Madrid’s non-compliance with the Vienna Convention of Consular Relations and pertinent Spanish, American & international laws. All previous correspondence with the American Embassy & Consulate in Madrid in the past 7 years is posted on http://worldpulse.com/node/73335 & http://worldpulse.com/node/64031).

For your convenience please find enclosed a Gonzalez vs. Wilcox – Spanish, US & Intl. Jurisdictions, as well as my recent Letter to Womens Rights Groups in Spain  regarding the refusal of the Colegio de Abogados de Madrid to diligently examine my complaint against implicated lawyers, going so far as to officially & ridiculously contend that it is the “right of lawyers in Spain to violate the right of clients under the principle of judicial independence.”  

As in my last letter to the American Embassy, dated October 24, 2013, to which I have no response to date, I am hereby, under art. 5 & 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,  including international courts, is re-enforcing my resolve to do so, as well as strengthening my case against them.

In the interest of ecology and preservation of our forests, I am not resending a copy of my original complaint, the response of the Colegio de Abogados de Madrid (Preliminar 859/13), nor my appeal, which are posted in downloadable form on http://worldpulse.com/node/80536 and http://worldpulse.com/node/80671. In all of my dealing with US Department of State officials in Madrid & Washington in the past years, their actions, and omissions of actions, have reflected unfamiliarity with FAM 7 & CFR 22 guidelines as well as American, Spanish, and international law (VCCR included).

The inability of implicated parties to read applicable laws and use cognitive reasoning in their application is explained by Robert Kohls in Survival for Overseas Living; “Stereotypes … are one way people everywhere deal with things which are too complex to handle or about which they have inadequate information.  Nancy Adler  has said that due to the multiplicity of impulses that our brain is receiving as our sensory receptors are being flooded with stimuli, we have no choice but to ignore most of them in order to pay attention only to those few that we have learned to consider as most vital… another truism about stereotypes is that once formed in people’s minds, they outlive the partial truth that created them in the first place …” As someone who has had to deal with and combat discrimination & perhaps hate crimes, and reportedly someone who is committed “to community, philanthropy, human rights, and democracy…and a true citizen of the world” (Chad Griffin, President of Human Rights Campaign).

I hope at this time you will instruct Embassy officials in Madrid to examine ALL of my past correspondences, and the facts of my case using cognitive logic & reasoning and due diligence. The application of discriminatory beliefs & biases, with State Department officials using well-rehearsed propaganda rather than current legal norms & jurisprudence, is exactly what judges, lawyers, & court psico-socal teams are doing in their own actuation. It is also the reason that victims of domestic violence are re-victimized by family courts around the world.

As stated by Michelle Bachelet, former Under-Secretary-General and Executive Director of UN Women “The shortcomings [in failing to protect victims of domestic violence] are not in the vision, voices and the voluminous efforts undertaken by determined women around the world. No, the shortcomings lie elsewhere—in the lack of political prioritization… Now is the time for governments to translate international promises into concrete national action….”

Please find enclosed Family Courts in Crisis newsletters (listed below and posted in downloadable format on http://worldpulse.com/node/71182), which clearly documents the failure of the Spanish government to “translate international promises into concrete action” showing a systematic, extensive, endemic, & acquiescence of the Spanish government in their re-victimization of victims of domestic violence, rather than the existence of a convoluted, imaginary, ‘conspiratorial’ situation as indicated by Consular officials in my interviews with them.

  • Family Courts in Crisis – Judicial Corruption, Human Rights Violations & Organized Crime – Connecting the Dots, Feb. 2014
  • Family Courts in Crisis – Amnesty International – What Specialized Justice?, Jan. 2014
  • Family Courts in Crisis – United Nations, Secretary General – Violence Against Women as a Human Rights Violation, Dec. 2013
  • Family Courts in Crisis – Spanish Justice System Faced with Child Sex Abuse within the Family – Save the Children Spain, Nov. 2013

The fact that the Defensor del Pueblo, Consejo General del Poder Judicial, Colegio de Abogados de Madrid, and Instituto de la Mujer, have continually:

  • Refused to comply with recommendations made by the United Nations, Amnesty International, Save the Children, inter alia
  • Refused to apply Spanish Constitution, civil & penal code, and laws & international law in the examination of the negligence & malpractice of judicial actors
  • Covered-up malpractice & negligence of judicial actors by their omission of actions

aggravates the criminal & civil (and financial) liability of the Spanish government under international law.   Table 1, included in enclosed letter, enumerates the various violations & penal infraction of judicial actors. Also, further please note that the decision of the Inter-American Commission on Human Rights, in Gonzales vs. USA, 2011 (recognizing that the omission of actions by a government to exercise due diligence in the protection of victims of domestic violence is a human rights violations) elevates the infractions of Spanish officials & government to crimes against humanity[1], further strengthening my case against the Spanish government under international law.  

I hope the American Embassy in Madrid at this time will take the lead in reversing discriminatory policies & actions of the US Department of State, which by omission of action makes them accessory to human rights violations against American citizens living abroad, by assuring that Spanish regulatory agencies thoroughly examine my allegations and take appropriate action against responsible parties. THIS REQUEST FALLS UNDER PUBLIC LAW, NOT PRIVATE LAW AS STATE DEPARTMENT OFFICIALS HAVE REPEATEDLY & BLINDLY CONTENDED.

Assuring that victims of domestic violence are protected, rather than re-victimized by judicial systems is not as complicated as many contend. However, it does require a minimum of diligence and dedication to the task by public authorities, rather than the typical unfettered response of “we do not wish to become involved, and it is his right….” As long as this is the policy of the State Department and other public authorities, all of the rhetoric in the world, supported by large-budget propaganda campaigns, will not change the reality for victims, nor the illegality of acts, and omissions of acts of implicated judicial actors & public authorities. Thank you in advance for your time and consideration. If you should have any questions, I may be contacted at my email, quenby@global-xpats.com.

Sincerely,

Quenby Wilcox

Founder – Global Expats

Founder – Safe Child International

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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 Div. Director, Ofc. of Amer. Citizen Services & Crisis Mgt., US Dept. of State

Congressman Steny Hoyer

Congressional representatives, members of the American’s Abroad Caucus

[1] the Rome Statute of the International Criminal Court defines “crime against humanity” as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:  (a) Murder; (c) Enslavement; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f)     Torture; (g) Rape, sexual slavery, or any other form of sexual violence of comparable gravity; (h)     Persecution against any identifiable group or collectivity on gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Letter to US State Dept. – Amb. Jacob 11/7/13

Posted on by QuenbyWilcox

THIS IS THE RHETORIC 

BUT, THIS IS THE REALITY 

 

November 7, 2013

RE: Human Rights Case Wilcox vs. Spain – Violations of Spanish and international law

Dear Ambassador Jacobs,

I am once again contacting you 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.

Please find enclosed a copy of my letter to Ambassador Costos of the American Embassy in Madrid, requesting that the American Embassy and Consulate in Madrid officially contact the Ilustre Colegio de Abogados de Madrid protesting their failure to investigate the allegations against the negligence an malfeasance of my legal counsel between 2007 and 2012, as provided for under Spanish law.

As I informed former 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  in Preliminar 859/13 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, clearly demonstrates that the Spanish government is knowingly concealing evidence of human rights violations within its borders.

Since crimes of mental duress, torture, rape, and often murder are systematically being committed against approximately half of the Spanish population (and for the simple reason of being women) with full knowledge & acquiescence of state and non-state judicial actors, 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.

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, and refer 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 has consistently refused to comply with US, Spanish and international law by utilizing their authority to defend my and my children’s rights and denounce any and all violations of said rights by legal counsel &/or Spanish courts (as provided for in the Convention of Consular Relations) rendering them accessories to said crimes.

In relation to State Department official’s refusal to assist victims of domestic abuse, I call attention to the double-standards and discriminatory policies of State Department officials which turn a blind-eye to flagrant and repeated felony crimes committed by judicial actors and Spanish government officials in their failure to protect victims of violent crimes/domestic abuse while holding the victims (obligated to flee foreign jurisdictions) accountable to the letter of the law. The fact that State Department officials and/or Consular agents are apparently oblivious to their legal obligation, and/or ignorant of laws, treaties, or federal guidelines which provide them with the tools them to assist American citizens living abroad, and/or the fact they are themselves in violation of the law by omission of action is no defense in their failure to fulfill their obligation to protect under international law and democratic principles. 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 Department of State to request through appropriate channels that the American Embassy and Consulate in Madrid rescind their 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 fulfil their obligations as provided for under 2.1 and 2.2 of Decreto 245/2000 (and article 451 of the Spanish penal code) to notify the Ministerio Fiscal regarding my allegations of criminal infractions by the following:

  • 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 in Spain 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.

The fact that 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 private, matrimonial property, and to access that property/funds during marriage & upon its dissolution
  • the right of women to freely pursue entrepreneurial efforts, and instead recognizing the right of a man to dictate and prevent his wife from pursuing the professional activities that she so desires, as well as financial independence for her and her children
  • the RIGHT of homemakers to have their contribution to the home, family & community and her dedication to the upbringing of her children recognized by family courts during the dissolution of marriage

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, quenby@global-xpats.com.

Sincerely,

Quenby Wilcox

Founder – Global Expats

Founder – Safe Child International

———————————————-

cc: Under Secretary of Management, Patrick F Kennedy, US Department of State

American Ambassador in Madrid, James Costos

Congressman Steny Hoyer

Congressional members of the American’s Abroad Caucus

 

 

Letter to US Consulate in Madrid – Gennatiempo 2/12/13

Posted on by QuenbyWilcox
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

http://www.antena3.com/videos-online/programas/espejo-publico/soy-inocente-estoy-secuestrada_2014011700051.html

http://www.antena3.com/videos-online/programas/espejo-publico/victoria-carrascosa-pide-ayuda-gobierno-espanol_2013041900048.html

February 12, 2013

Dear Consul Gennatiempo,

Please see below the contents of my email sent to the American Embassy on February 4, 2013.

I am once again contacting the American Consulate in Madrid in regards to my domestic abuse / divorce case, problems with the juzgado de Mostoles, Primera Instancia No. 2, and problems with my legal counsel in Madrid. At present, and once again, I am requesting assistance from the American Consulate in Madrid under art. 5 of the Convention on Consular Affairs. For your convenience I quote:

 Consular functions consist in:

(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;

(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons;

(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;

(j) transmitting judicial and extrajudicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State;

(m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.

I am currently preparing an official complaint to the Colegio de Abogados for the professional and criminal negligence of my lawyers of the past 6 years, enumerating the constitutional and civil rights violations created by said negligence (see http://worldpulse.com/node/52999.) However, documents and court-records, which I wish to submit as supporting documentation, are in the possession of legal counsel Miguel Martínez López de Asiain and Ignacio Gonzalez-Martínez, C/ Santisima Trinidad, 11, 28010 Madrid, Tel. 91.445.1177.

Due to their elevated negligence and financial liability for said negligence, the probability of said documents being lost in the mail is almost a certainty, and I respectfully request that the American Consulate in Madrid assist me in the recuperation of these documents. Unfortunately, due to continuing deterioration of my ex-husband’s mental state, his past threats upon my life, and law enforcement officials, Spanish tribunals and legal counsel’s refusal to assist or protect me or my rights in legal proceedings, at this time it would be dangerous and unwise for me to enter Spanish territory in order to personally recuperate said documents.

My suggestion is that Mr. Martinez Lopez de Asiain or Ignacio Gonzalez-Martínez personally delivers said documents to the US Consulate in Madrid, to a person designated by the US Consulate to receive said documents, and which are then sent to the US State Department, Consular Affairs Division in Washington, DC, from whom I might personally recuperate the documents in question.

As an American Consul General of Madrid, you are familiar with reports by Amnesty International Spain of the widespread failure of Spanish judicial systems to protect victims of domestic abuse[1], the escalating rate of women murdered at the hands of their partner in Spain, as well as widespread harassment, ill-treatment and torture of foreign women by Spanish law enforcement officials[2]. The problems I have encountered with law enforcement officials, and violation of rights in judicial proceedings, is rampant and common-place in Spain, and not an “isolated” incident.

Additionally, you are familiar with the Inter-American Commission on Human Rights and European Courts of Human Rightsdecisions,Jessica Gonzalez vs. USA,[3] A vs. UK,[4] and Velasquez vs. Honduras,[5] establishing domestic violence as a human rights violation, as well as a State’s obligation to protect victims under the principle of due diligence.  My complaint to the Colegio de Abogados of Madrid against my legal counsel is based upon the question of due diligence, and whether said counsel exercised due diligence in defense of my interests and rights under the Spanish Constitutional and Spanish law.

In the past 6 years, US State Department officials in Madrid and Washington, DC have continually contended that domestic abuse and the failure of governments to protect citizens living within their jurisdictions are “civil” and “private” matters, and that the American government has no obligation or duty to protect the rights or interests of their citizens on foreign soil, or within foreign tribunals.

I respectfully contest this contention, and hope that the American Consulate will assist me at this time. In the coming months I will officially be requesting that Spanish regulatory agencies, namely the Colegio de Abogados, Defensor del Pueblo, and Consejo General del Poder Judicial, thoroughly investigate and examine my case, holding all responsible parties accountable for their actions (or omission of actions) to the fullest extent of Spanish and international law (as provided for in art. 10.2 of the Spanish Constitution.)

Seventy percent of international child abduction cases under the Hague Convention are women fleeing domestic abuse and a government’s failure to protect. These women are being held to the letter of the law by sending and receiving States, facing criminal charges and incarceration for extend periods of time. In my own case, The American Consulate in Madrid and US State Department officials in Washington, DC have repeatedly informed me that my case is under Spanish jurisdiction and law, with an obligation to abide and respect these laws and jurisdiction.

In this same spirit, I am requesting that my legal counsel and other judicial actors in Spain be held to the same standard; anything less is discrimination against women and in violation of Spanish and international law.

For your convenience I have enclosed a copy of all previous correspondence with the US State Department in regards to my case (also posted on UNCSW – Document #5 – Correspondence with US State Department officials), as well as my complaint to the United Nations Entity for Gender Equality and the Empowerment of Women – Commission on the Status of Women against the Spanish government for systematic human rights violations (posted on http://worldpulse.com/node/55730.) My complaint as well as supporting documents demonstrates that my case is far from “isolated,” but rather the norm in family courts.

Until, and unless aggrieved parties reclaim their rights provided for in Constitutions, legal codes, and international treaties through appropriate legal channels, and until and unless government agencies fulfill their fiduciary responsibility through investigation and appropriate prosecution of State and non-State actors, governments will continue to be responsible for rampant human rights violations within their borders

Sincerely,

Quenby Wilcox

Founder – Global Expats

quenby@global-xpats.com

www.global-xpats.com

cc : Ambassador Alan Solomonte, American Embassy in Madrid

Andrew T. Miller European Division Director, Office of American Citizen Services and Crisis Management

Carrie Greene, Office of American Citizen Services and Crisis Management

Senator Landrieu (LA)

Congresswomen Eleanor Norton Holmes (Washington, DC)

Email Response March 2, 2013

Email to Christine Fagan – State Dept. March 2013

Dear Ms. Fagan,

Thank you for your response.  If the documents in question cannot be included in the Embassy’s pouch to the US State Department here in Washington, DC, as I suggested, then please feel free to send them to me in the USA. If you can indicate what the costs would be, I would be happy to wire the money to an account in Spain or the USA. Please assure that they are sent by the least expensive manner possible, as I appreciate they must be quite voluminous at this point.

My address in the USA is as follows:

Quenby Wilcox

xxxxxxxxxx

The address of the closest Post Office is:

xxxxxxxxxxx

Thank you for informing me about the possibility of filing a complaint with the Colegio de Abogados. But, as indicated in my correspondence, I have already prepared a comprehensive and detailed analysis of all criminal and professional negligence of my legal counsel (posted on http://worldpulse.com/node/52999.) I will be filing this complaint with the Bar Association as soon as I receive the few pending documents needed, and found within the documents in possession of Srs. Martinez Lopez de Asiain and Ignacio Gonzalez-Martínez.

In light of the previous lack of due diligence by the Defensor del Pueblo, Consejo General del Poder Judicial and Instituto de Mujer[6] in investigating my complaint and the facts of my case (April 2012) and a less than 2% sanction rate by Bar Associations, I will also be requesting that the American Consulate/Embassy in Madrid officially (and as called for in the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, inter alia) request that the Colegio de Abogados, with the highest standard of diligence and application of Spanish and international treaties (art. 9 and 10 of the Spanish Constitution,) investigate my allegations, holding all parties responsible for their actions to the letter of the law, and assuring reparations of all financial damages incurred by me, my children, and my company (Global Expats.)

Please note that the following legal counsels were directly or indirectly obtained from the American Embassy website:

  • Señor Gonzalo Martínez de Haro de Viñador, Carlos y Asociados – Juicio Rápido 607/2007 Wilcox vs. González de Alcalá
  • Señora Belén García Martin, de Plehn Abogados (Steven Plehn) – Medias a la Previa 1140/2007 González de Alcalá vs. Wilcox
  • Jorge Capell Cuatrecasas, Gonçalves Pereira – Divorcio Contencioso 1143/2007 González de Alcalá vs. Wilcox

It should be noted that financial damages caused by the alleged negligence of my legal counsel and other judicial actors include not only the €2 million of personal assets reclaimed by me under common property and Spanish law, but the lost opportunity costs of approximately $200 million of my company to date, and increasing by $8 million/month. (See attached presentation of Global Expats with financial estimates and revenues of comparable websites in the past 5 years, as well as the instructions for a filing of the attached financial settlement (see attached – Resolución financiero) to Srs. Martinez Lopez de Asiain and Ignacio Gonzalez-Martínez on various occasion between Feb. 2011 and Oct. 2011.)

Also, please note that as an act of good faith, in efforts to avoid proceeding against my legal counsels for criminal and professional negligence, and/or litigation in the international courts against the Spanish government, I contacted the following in 2012:

  • Quatrecasas, Gonçalves Pereira (April 2012) requesting their assistance under their obligation to perform the previous unfulfilled contractual obligation of Jorge Capell, art. 1089, 1098, 1102, 1104, of the Spanish civil code, & art. 11, 29, 31, 109, 511 and  512 of the Spanish penal code, inter alia
  • Mr. Steven Plehn of Plehn Abogados (Dec. 2012) requesting his assistance in arriving at an equitable settlement with said legal counsel. (Please see attached letter to Mr. Plehn.)

As you may note in the attached correspondence, in my efforts to arrive at a settlement with  negligent legal counsel and in good faith, I have not been attempting to recuperate total financial damages, but only enough to assure that Global Expats and www.global-xpats.com will be “reinstated” to its former competitive position in the local search-city guide industry (See www.yelp.com –   http://www.yelp.com/press/announcements) when it was launched in 2007.

As you may note in the attached documents, and the facts of my case, the escalation of the violence and threats upon my life and person from my ex-husband, along with his other criminal activity, have all been with the expressed intent of destroying my website and company, thereby prevent me from providing financial security for me and my children (and believe it or not my ex-husband, the father of my children.) The negligence of my legal counsel is directly, and solely, responsible for my inability to develop this website in the past 6 years.

As my case demonstrates even though under the law, women are afforded more rights in Spain than any other country in the world (including the USA), in reality they have no more rights than women under Sharia law, due to widespread negligence, discrimination and corruption in Spanish judicial systems.

The lack of good faith of Quatrecasas, Gonçalves Pereira, Plehn Abogados (Ms. Belen Garcia Martin,) Martinez Lopez de Asiain, and Ignacio Gonzalez-Martínez in assuming responsibility for their and/or their partners negligence, taking action to repair damages created by their partners (as called for under Spanish law) and arrive at an equitable settlement, avoiding further escalation of the case at hand and reclamation for significant financial damages, is regrettable. 

I hope that all legal counsel will be encouraged to arrive at a rapid and equitable financial settlement with me, thereby avoiding the necessity for further legal action, against them and/or the Spanish government (in their obligation to protect and under the principle of due diligence, Gonzales vs. USA, 2011, Inter-American Commission on Human Rights.)

What should have been a rather simple and straight-forward divorce/domestic abuse case, as the evidence of my ex-husband’s manipulations and criminal activity in the past 10 years, is over-whelming; the elevated negligence of my legal counsel and their alleged criminal activity has created a complicated and convoluted case falling under a variety of jurisdictions and laws.

As many people can attest, and as documented in court documents, I am extremely adept at understanding complex situations, explaining them in a simplified manner, and providing the appropriate steps in order to address the issues at hand. I believe I have proved this in:

  •  My analysis of Gonzalez de Alcala vs. Wilcox, where the issues lie and how and why it is representative of what is occurring in the courts in cases of domestic abuse
  • My recommendation of the actions that authorities should have, and should at present, take in addressing these issues
  • My market research and analysis of the issues of the expat family and challenges in global mobility of these families
  • My market research and analysis of the Internet (Web 2.0 and 3.0) and how the infra-structure and business model trends on the Internet can provide a comprehensive solution to the challenges of expats and their employers.

All documents and correspondence in regards to my case are posted on http://worldpulse.com/user/2759/journal (complaint against legal counsel posted on http://worldpulse.com/node/52999) and self-explanatory. But, I am available to answer any questions, or clarify any issues which remain unclear.

It is my greatest desire to move forward with the creation of Global Expats, be re-united with my children in the briefest delay possible, and move on with my life and work. I believe this would be in the best interest of everyone; implicated legal counsel, afore mentioned Spanish regulatory agencies, the Spanish government, the US State Department, and the American government.  I hope implicated legal counsel will be encouraged at present to demonstrate their good faith, and examine the facts of the case at hand. Avoiding a protracted, high-profile case in the international courts, by arriving at an equitable financial settlement, would be in the interest of all parties.

Thank you for your time, interest and assistance.

Sincerely,

Quenby Wilcox

———————————–

[1]said reports are posted onhttp://worldpulse.com/node/55730

[2] Amnesty International report to the Office of High Commission on Human Rights http://worldpulse.com/node/52999Beauty Solomon vs.

Spain in the European Courts of Human Rights www.womenslinkworldwide.org/wlw/new.php?modo=detalle_prensa&dc=372&lang=en

[3]http://web.law.columbia.edu/human-rights-institute/inter-american-human-rights-system/jessica-gonzales-v-us

[4]http://www.endcorporalpunishment.org/pages/hrlaw/judgment-avuk.html

[5]http://www1.umn.edu/humanrts/iachr/b_11_12d.htm

[6] Gonzalez de Alcala vs. Wilcox – Caso de Discriminacion Sancionado por el Estado y Debido Diligencia – Un enfoque interseccional and Instituto_de_la_Mujer_denuncia_-_Quenby_Wilcox_-_firmado (English versions available on http://worldpulse.com/node/52011 and http://worldpulse.com/node/50602, respectively.)

Letter to White House – Samantha Power & Valerie Jarrett 3/19/13

Posted on by QuenbyWilcox

Please see letters to Swamp members in the White House and State Department in 2013 below.

EVERYONE in Washington is functionally illiterate and why Donald Trump won the US elections with a promise to “drain the Swamp.” All the people who received letters from me in the past decade, but did NOTHING (not even acknowledge receipt of letters) need to be investigated for GROSS NEGLIGENCE, and defrauding taxpayers of billions of dollars per year for empty-rhetoric. All these ‘experts’ are nothing but con-artists in ‘The Game’ in ‘The Swamp’.

 ‘Experts’ in the IMF, World Bank and UN Women are playing the same empty-rhetoric Games – see “Workplace Bullying in the IMF,” Letters to Trump Administration,” “Letter to Prince Charles,” and “Letter to Pacific Alliance governments.” These are the members of ‘The Swamp’ that need to be “DRAINED” and held accountable for their GROSS NEGLIGENCE!

White House – President Barak Obama

ltr to White House Carrie Bettenger Lopez

US State Department – John Kerry – US Secretary of State

US State Department – Patrick F Kennedy – Under Secretary Management

US State Department – Michael H. Posner – The Bureau of Democracy, Human Rights and Labor

US State Department – Melanne Verveer – Office of Global Women’s Issues

White House – Valerie Jarrett – White House Council on Women and Girls

US State Department – Global Womens Issues – Emily Kearney, Program Analyst

US State Department – Global Womens Issues – Jen Klein, Deputy

US State Department – Global Womens Issues – Justin Sosne, Senior Policy Advisor

US State Department – Global Womens Issues – Kristen Tymeson, Advisor

US State Department – Global Womens Issues – Tricia Keller Policy Advisor, Western Hemesphere

US State Department – Beth Van Schaack – The Office of Global Criminal Justice

White House – Samantha Power – Special Assistant to the President and Senior Director for Multilateral Affairs and Human Rights at the National Security Council

THIS IS THE RHETORIC

“We do not need to look beyond our borders to find government sanctioned rape and genocide. We can find it within our own communities and homes!!” — Quenby Wilcox

 THIS IS THE REALITY 

March 19, 2013

RE: American Living Abroad in Cases of Domestic Abuse and the US State Department’s Obligation to Assist under American and International Law

Dear Valerie Jarrett (Senior Advisor to the President, Chair of the White House Council on Women and Girls); and Samantha Power (Special Assistant to the President, Sr Director for Multilateral Affairs and Human Rights at the National Security Council);

With the 57th session of the Commission on the Status of Women convening this month, and the elimination and prevention of violence against women at its fore-front, I would like to take the opportunity to bring several issues to the attention of the Multilateral Affairs and Human Rights at the National Security Council.

Efforts of organizations and individuals across the globe in the past 40 years have done much to bring awareness to gender-based violence and discrimination against women in societies around the world, with initiatives focused on:

  • Passage of national legislation and international treaties
  • Creation of government and non-government organizations whose mission is to advance the rights of women and assist victims of domestic violence
  • Publically funded, awareness and publicity campaigns
  • Access to higher-education and work opportunities for women outside of the home
  • Access to reproductive health-care and contraceptives

However, what these initiatives fail to recognize or address are to what extent the deeply rooted and entrenched customs and traditions in a society sustain and encourage violence and abuses of power (visible and invisible) in the community.

These initiatives work under the assumption that individuals in a society will voluntarily and automatically change their actions, opinions, biases and/or the basic tenants under which they live.  The continual lack of analysis and re-evaluation of the effectiveness, and results these initiatives produce in a society, from an intersectional perspective, is sorely lacking in government based studies, reports, and political rhetoric.

For example, a widespread government initiative in response to domestic violence has been the criminalization of these acts. But, a common response in countries around the world has been court biases that silence victims.  Women who denounce the abuse and their abusers are labeled liars, “mentally-deranged,” and/or “gold-diggers,” seeking to gain an advantage in financial settlements and custodial decisions during divorce. Statistics show that judges do not even consider domestic abuse in their deliberations, and are awarding custody to fathers at a rate of 94%, dropping to 70% in cases of physical and sexual abuse of children.

Another frequent problem society’s are encountering, as domestic violence becomes socially unacceptable, is that physical violence from one generation is replaced by heightened psychological abuse in the next generation. Unfortunately, awareness campaigns and social perceptions of abuse focus only on extreme physical and sexual violence. The damage psychological abuse does to its victims is not even considered significant or relevant, even though all victims attest (and studies show) that psychological scars are the most profound, damaging, and lasting.

Even government initiatives such as the Hague Convention on International Child Abduction and its coverage in the press are exposing biases towards fathers in our societies. Statistics are reflecting failure rates in family courts to be 70-90% globally, with almost 70% of the women involved in international child abduction fleeing domestic abuse and the failure of judicial systems to protect[1]. However, this phenomenon is receiving no coverage in the press, while the plight of “left behind fathers” is getting extensive exposure. Additionally, Congressional support of the Hague Convention on International Child Abduction, coupled with extensive assistance offered by the Office of Children’s Issues/US State Department to petitioning parents, demonstrate a bias by the US government of abusers’ rights over victims’ rights, and de facto discrimination against women.

In my own personal dealing with the US State Department, Consular Affairs Division, I have repeatedly been told that American victims of domestic abuse living abroad, experiencing problems with judicial systems (and their failure to protect,) are “private matters” and “civil disputes.” The US State Department’s policy of non-assistance[2] to American expatriated victims of abuse is clearly in violation of international law.[3] Under this situation, in accordance with international law, the US government potentially becomes responsible for human rights violations even when those violations occur in a foreign jurisdiction.

In your capacity as Special Assistant to the President and Senior Director for Multilateral Affairs and Human Rights at the National Security Council I request that you encourage the Consular Affairs Division of the US State Department to:

  • Thoroughly review recent reports and statistics regarding the elevated rate of “taking persons” (apx. 70%) involved in international child abduction under the Hague Convention, who are fleeing domestic abuse and the failure to protect of Receiving States. (For your convenience please find a list of informative resources after the closure of this letter.)
  • Rescind their policy of non-assistance to American expatriated citizens in cases of domestic abuse, divorce and/or custodial procedures, and under this policy their non-compliance with the US Department of State Foreign Affairs Manual Vol. 7 – Consular Affairs (FAM 7,)[4] and Convention of Consular Relations(calling attention to art. 5[5] and 36[6] – see “detained in any manner” which applies to these cases due to the inability of minor children to leave a Receiving States in cases of a court ne exeat order[7], and/or any provision of domestic law requiring dual parental permission of “exit,” as well as cases involving the retention of assets, by the courts, a spouse, any trustee, and/or negligence of legal counsel thereby preventing said person’s ability to travel.)
  • Examine and take positive action to reverse the de facto discrimination against women, produced by the Consular Affairs Division’s policy of substantial assistance to “applicants”[8], but refusal of assistance to American victims of domestic abuse residing outside of the United States, whereas the failure of Receiving State’s judicial system to “protect,” and/or respect and uphold the rights of victims is documented at rates of 70+%.

I hope by bringing these issues to the attention of the Multilateral Affairs and Human Rights at the National Security Councilat the Department of State, the US government and its agencies will be encouraged to assist organizations across the globe who are developing programs, initiatives and protocol which promote good practices, transparency, and accountability within judicial systems and family courts. In this way not only can the promotion of democratic principles and practices be advanced worldwide, but violence and discrimination against women may be effectively and comprehensively eradicated.

Global Expats whole-heartedly supports the participation of both spouses in child-rearing and the growing phenomenon of male-homemaker/female bread-winner (or same sex) households. We recognize that promoting equality of the sexes in any society means a changing role for both men and women in socio-economic structures. We are also well aware of the complications and challenges that globalization presents to the family, and how those stressors may serve as a catalyst for separations, divorce and/or domestic abuse.

Our mission is to assure that expatriated families are provided will all of the tools necessary for a successful expatriation, building strong family ties and healthy, productive relationships. Our goal is to prevent dynamics that produce ruptures or abusive relationships within the home, with a focus on early detection and proper prevention, rather than crisis management. However, we are firm in the conviction that the interests of children, meaning their safety, security, and well-being is of primary and utmost concern, and is an obligation and duty of all parties concerned.

I thank you in advance for your time and consideration, and remain entirely at the disposition of you or your staff for any questions or clarifications.

Sincerely,

Quenby Wilcox

Founder – Global Expats

Quenby@global-xpats.com

www.global-xpats.com

 

LIST OF RESOURCES:

  1. Hague Convention Domestic Violence Project – www.haguedv.org
  2. DV Leap – George Washington University Legal Clinic – www.dvleap.org
  3. The Leadership Council –www.leadershipcouncil.org
  4. Submission to the United Nations Commission on the Status of Women – http://worldpulse.com/node/55730 (with extensive reports by Amnesty International and United Nations Commissions included in research material.) 
  5. National Safe Child Coalition –  www.nationalsafechildcoalition.com

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Enclosure[9]:  President Barak Obama, the White House

US Secretary of State John Kerry, US State Department

US State Department – Patrick F Kennedy – Under Secretary Management

Ambassador Alan D. Solomont, Embassy of the United States Spain

US State Department – Joyce Namde – European Division Director – Office of American Citizen Services and Crisis Management

Complaint against the Spanish judicial system and family courts, Commission on the Status of Women, United Nation

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[1] US Supreme Court case Abbott vs. Abbott and Hague Convention Domestic Violence Project (www.haguedv.org.)

[2] as provided for under the Convention of Consular Relations

[3] as established in Gonzales vs. USA, 2011,Inter-American Commission on Human Rights, inter alia

[4]  7 FAM, 1922-1925 (Authority and Responsibility to Victims of Serious Crimes). 7 FAM, 1930-1932 (General Guidelines for Assisting Victims of Crimes/Domestic Violence), 7 FAM, 1910-1912 (Crime Victims Assistance), 7 FAM, 1920-1929 (Child Abuse or Neglect), 7 FAM, 1721-1723 (Child Abuse and Neglect Resources), 7 FAM, 1700-1719 (Safety and Protection of Minors/International Parental Child Abduction/Hague Child Abduction Convention ), 7 FAM, 900-913 (International Judicial Assistance), 7 FAM, 450-456 (Trials, Appeals, Sentences, Post Sentencing) posted on http://worldpulse.com/files/upload/2759/us_department_of_of_state_foreign_affairs_manual_v.pdf

[5]Art. 5 – Consular functions consist in:

(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;

(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons;

(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;

(j) transmitting judicial and extrajudicial documentsor executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State;

(m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.”

[6]Article 36 – Communication and contact with nationals of the sending State

1.With a view to facilitating the exercise of consular functions relating to nationals of the sending State:

(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;

(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph;

(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.

2.The rights referred to in paragraph 1 of this article shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this article are intended.

[7] US Supreme Court Case Abbott vs. Abbott

[8] Hague Convention on International Child Abduction

[9] With all referenced documents within posted on http://worldpulse.com/node/64031