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!
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’s statement go to http://www.state.gov/m/rls/remarks/2011/169182.htmMarch 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 Ms. Namde,
Thank you for your letter dated March 11, 2013 in response to my letter dated February 26, 2013. For your convenience, please find a copy enclosed as well as all previous correspondence with the US State Department in Washington, DC and the American Consulate in Madrid which may clarify the following:
- My case is in the providence of Madrid, specifically Mostoles, not Barcelona
- I am not, nor have I ever, solicited legal advice, counsel or representation from any US State Department officials or representatives, in Washington, DC or Madrid, as has been continually contended in State Department correspondence. I am well versed in legal principles and doctrines, and have never required such assistance.
- Legal proceedings in regards to my divorce and liquidation of assets were officially recognized as completed by my legal counsel in Spain in October 2012, so there are no pending legal issues for which I would require legal assistance or counsel as indicated in your letter (suggesting that I consult the American Embassy in Madrid’s webpage.) It should be noted that Cuatrecasas and Plehn Abogados, two of the law firms who employ negligent legal counsel in my case, are still posted on that webpage, and Vinader, Carlos y Associados (no longer listed) was obtained from that webpage in June 2007.
- I am not, nor have I ever, solicited the US State Department to intervene in “private legal matters of US citizens in foreign or domestic courts,” (nor insinuated anything to that effect) as has been continually contended in State Department correspondence. At all times, since March 2007 until present, my requests to the American Embassy and Consulate in Madrid, and US State Department have been in total accordance with US, Spanish and international law, as well as provisions in FAM 7 – US Department of State Foreign Affairs Manual Vol. 7 – Consular Affairs. It should be noted that services and protocol provided for in FAM 7[1] are not, nor have been provided by the American Consulate in Madrid in the past, or at present. If these services had been provided by the US Consulate in Madrid and the Overseas Citizens Services Bureau of Consular Affair (CA/OCS) from the beginning of my ordeal, it is highly unlikely that my legal counsel and the courts in Spain would have violated my human, civil and constitutional rights as flagrantly and openly (and with endless documentation) as they did.
As indicated on the link you provided, (http://travel.state.gov/law/retain/retain_714.html) “Should your communication with a foreign attorney prove unsatisfactory, a U.S. consular officer may, if appropriate, communicate with the attorney on your behalf.”
Therefore, I am once again officially requesting assistance, and that the Consulate in Madrid transmits my offer for a financial settlement with previous legal counsel in Spain for damages incurred, and caused by their negligence. This offer is made as an act of good faith, and in order to prevent further legal actions against them, as provided for under Spanish and international law, noting that damages are increasing, and accruing, monthly at an estimated rate of $8 million / month.
A complete account of all infractions of my legal counsel is posted on http://worldpulse.com/user/2759/journal (see Complaint to Defensor del Pueblo & Consejo General del Poder Judicial, Instituto de Mujer, and the UN Commission on the Status of Women, as well as all supporting documentation.)
In April 2012 (see attached correspondence,) I provided Cuatrecasas with the opportunity to discharge the contractual obligation of Jorge Capell’s (partner of Cuatrecasas) which he failed to fulfill by his negligent acts, and omission of acts, between July and November 2008 under art. 1089, 1098, 1101, 1104 and 1697 of the Spanish civil code, art. 10, 11, 17, 22, 27, 28, 29, 31, and 512 of the Spanish penal code, inter alia. At that time they were provided with the opportunity to intervene in, and prevent the completion of negligent acts, and omissions of acts of legal counsel, Miguel Martinez Lopez de Asiain and Ignacio Gonzalez Martinez, 2010-2012, in regards to the liquidation of common property assets in Gonzalez de Alcala vs. Wilcox.
The liquidation of said assets, as well as a request through the courts/subpoena for all financial records in the name of Javier Gonzalez de Alcala (and/or Xavier Gonzalez) should have been initiated by Jorge Capell in 2008 during divorce proceedings. Not only at that time did he fail to voluntarily fulfill his obligation, he refused to do so upon my instructions. It should be noted that the negligence of Mr. Capell in regards to my representation was confirmed in my interview with a representative (legal counsel) of Federación de Mujeres Progresistas (www.fmujeresprogresistas.org), in 2008. It should be further noted that in my conversations with Ignacio Gonzalez Martinez (beginning of 2010) there was indications that Jorge Capell had encouraged, and/or solicited the forthcoming negligence[2] of Miguel Martinez Lopez de Asiain and Ignacio Gonzalez Martinez, further aggravating Jorge Capell’s, and thereby Cuartecasas, negligence as well as any potential criminal liability.
Additionally, as an act of good faith, and efforts to avoid further legal action, in December 2012, I sent a letter to Steven Plehn (see attached correspondence) offering the opportunity for legal counsel in Spain to arrive at an equitable financial settlement for their negligence. As you may note in the correspondence, I did not request full damages incurred, but rather enough that would have permitted me to restore my business, Global Expats, to the state and position it would enjoy today if not for the negligence of my Spanish legal counsel during the past 6 years (as provided for under art. 1106 of the Spanish civil code, inter alia.)
For your convenience, please find attached a Business Plan for Global Expats with the recommendation that you consult with the Overseas Briefing Center (OBC) and Career Transition Center (CTC) of the Foreign Service Institute Transition Center regarding the elevated necessity for the services that Global Expats will be offering to expatriated families and communities, as well as the important role that expatriated spouse play in the successful expatriation of employees, whether they be from the private or public sector.
The US Department of State, as an employer of over 12,000 employees who are expatriated abroad with their families, along with the responsibility of assuring the safety and security of over 5.25 million Americans residing abroad, certainly appreciates the challenges these families face, and the importance of providing them with assistance in their daily needs.
Of additional consideration, in evaluating my proposed settlement of €30 million (in lieu of $220’s millions of estimated lost revenue in the past 5 years, increasing at a rate of $8+ million/ month) is the enormous success and high revenues business/Internet websites models upon which www.global-xpats.com is based (facebook.com, linkedin.com, yelp.com, citysearch.com, about.com) and have enjoyed in the past 5-6 years (Please see my correspondence to the American Embassy and Mrs. Aguirre (Ambassador’s wife) March 2007 in regards the Global Expats project.)
My legal counsels have always defended their actions by claims and rationalization that these violations of rights are “done all the time” as if this justifies their gross negligence. If judicial actors were systematically held accountable for these “habitual actions” (and omissions of acts,) then they would stop doing it, and what I am requesting at this time.
Please note that one out of every three women, or almost 1 billion women around the world experience domestic abuse during their lifetime, with the following global consequences and health-related issues:
- 40-70% of women murdered each year are killed by intimate partners[3]
- Over 64 million women each year suffer intentional and unintentional injuries[4]
- Over 100 million women each year suffer from neuropsychiatric disorders[5]
- Over 100 million maternal and perinatal conditions and complications occur[6]
- 20 million people are victims of human trafficking[7]
- Widespread sexual harassment and bullying in the work-place, schools, and communities
In the past decades governments and their agencies around the world have developed laws, action plans, and protocol, along with unending political rhetoric and promises, to protect victims of domestic abuse and violence. The challenge at present, and where government agencies must concentrate their efforts, is the application and implementation of these laws, plans, protocol, and rhetoric. That is all I am, and have been proposing in the past 6 years to all implicated parties.
To this end, I hope that the US Department of State will comply with their obligation under national[8] and international law[9] at this time, and assist me in defending me and my children’s rights. As stated previously, at present I am hereby and officially requesting assistance in the following:
1) Recuperation of all court documents in regards to my case (which I request be scanned in the American Consul in Madrid and sent to me via email as the most economic and fastest possibility)
2) The American Consulate in Madrid transmit my offer for a financial settlement of €30 million for financial damages to me personally as well as my company, Global Expats in the past 6 years
3) Upon failure to arrive at an equitable and acceptable settlement with legal counsel in Spain, that the American Consulate/Embassy in Madrid and US Department of State in Washington, DC officially request[10] that the Colegio de Abogados, Defensor del Pueblo, and Consejo General del Poder Judicial in Spain investigate the facts of my case holding all responsible parties to the highest standards and letter of the law. And, that the Colegio de Abogados diligently examine my petition for reparations from negligent legal counsel in my case.
Sincerely,
Quenby Wilcox
Founder – Global Expats
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[1] 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), 110-188 (Welfare and Whereabouts of US Nationals Abroad) posted on http://worldpulse.com/files/upload/2759/us_department_of_of_state_foreign_affairs_manual_v.pdf
[2] Refusal to request a subpoena for said financial records and initiation of liquidation of assets in a timely manner and per my instructions, with said negligence confirmed in my communications with the Federación de Asociaciones de Mujeres Separadas y Divorciadas in Madrid (www.separadasydivorciadas.org) in 2012.
[3] Women and Health : Today’s Evidence Tomorrow’s Agenda, World Health Organization 2009, p. 56.
[4] WHO Global Burden of Disease 2004 Report, p. 64 – World Health Organization
[5] WHO Global Burden of Disease 2004 Report, p. 62 – World Health Organization
[6] WHO Global Burden of Disease 2004 Report, p. 60 – World Health Organization
[7] Remarks by the President to the Clinton Global Initiative, September 25, 2012 (www.whitehouse.gov/the-press-office/2012/09/25/remarks-president-clinton-global-initiative )
[8] (1) Article 5 of the Vienna Convention on Consular Relations
(2) 22 U.S.C. 1731 Protection of Naturalized Citizens Abroad
(3) 22 U.S.C. 2715 Procedures Regarding Major Disasters and Incidents Abroad Affecting United States Citizens
(4) 22 U.S.C. 2715a Provision of Information on Certain Violent Crimes Abroad to Victims and Victims’ Families
(5) 22 U.S.C. 3904(1) Functions of Service
(6) 22 CFR 71.1 Protection of Americans Abroad
(7) 22 CFR 71.6 Services for Distressed Americans
(8) Federal Tort Claims Act
[9] (1) Universal Declaration of Human Rights
(2) Convention on Political and Civil Rights
(3) International Covenant on Economic, Social and Cultural Rights
(4) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
(5) Declaration on the Elimination of Violence against Women
(6) International Convention on the Elimination of All Forms of Racial Discrimination, inter alia
(7) Gonzales vs. USA, 2011, inter alia
[10] Under the following:
(1) Article 5 of the Vienna Convention on Consular Relations
(2) 22 U.S.C. 1731 Protection of Naturalized Citizens Abroad
(3) 22 U.S.C. 2715 Procedures Regarding Major Disasters and Incidents Abroad Affecting United States Citizens
(4) 22 U.S.C. 2715a Provision of Information on Certain Violent Crimes Abroad to Victims and Victims’ Families
(5) 22 U.S.C. 3904(1) Functions of Service
(6) 22 CFR 71.1 Protection of Americans Abroad
(7) 22 CFR 71.6 Services for Distressed Americans
(8) Federal Tort Claims Act
(9) Universal Declaration of Human Rights
(10) Convention on Political and Civil Rights
(11) International Covenant on Economic, Social and Cultural Rights
(12) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
(13) Declaration on the Elimination of Violence against Women
(14) International Convention on the Elimination of All Forms of Racial Discrimination, inter alia
(15) Gonzales vs. USA, 2011, inter alia