THIS IS THE RHETORIC
November 7, 2013
RE: Human Rights Case Wilcox vs. Spain – Violations of Spanish and international law
Dear Mr. Kennedy, Ms. Jacob, Mr. Pettit, and Ms. Namde,
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, as well as my correspondence to Janice L. Jacobs, Assistant Secretary for Consular Affairs (with same to Jim Pettit, Deputy Assistant Secretary of State for Overseas Citizens Services and Joyce Namde, European Division Director, Office of American Citizen Services and Crisis Management.)
In the past 7 years, I have repeatedly requested assistance from the American Consulate/Embassy in Madrid as provided for under the Convention of Consular Relations, 7 FAM (1700s, 1900s, & 400s,) and CFR 22. Due to the refusal of the US Consulate to comply with US State Department guidelines and regulations, and their obligations under international law, I have repeatedly contacted State Department officials in DC. However, Consular Affairs officials in Washington have continuously, and erroneously contended that “federal regulations generally prohibit the US State Department from intervening in the private legal matters of US citizens. The Department cannot advocate on behalf of citizens engaged in litigation in foreign courts”
Please find attached the October edition of Family Courts in Crisis – The Emperor’s New Clothes which
- illustrates the double-standards and discriminatory nature of State Department policies towards victims of domestic abuse vs. abusers
- their refusal to recognize domestic violence as a human rights violations and their obligation to protect under international law
- their ignorance of and refusal to comply with US federal law, State Department guidelines and regulations, and international law
The only contention of State Department officials upon which I agree, and concur, is that they “are not permitted to act as attorney or agents in fiduciary capacity.” However, their insistence that I have been requesting legal advice or assistance only demonstrates to what extent they have failed to even read my correspondences of the past years; failing to exhibit even the most minimum level of due diligence.
I hope at this time the State Department will, with the highest level of diligence, review the facts of my case and my correspondences of the past 7 years (all posted on http://worldpulse.com/user/2759/journal.) Additionally, I hope that they will request that the American Embassy in Madrid utilize their prerogative and authority in officially requesting that Spanish authorities comply with their obligations under Spanish and international law to investigate my allegations with the highest level of diligence, holding judicial actors responsible to the letter of the law.
The obligation of a government to exercise due diligence in the prevention of human rights violations against its citizens is clearly established in Gonzales vs USA, 2011 inter alia. The refusal of Consular Affairs officials to fulfill this obligation in my case has repeatedly been in violation of international law. I hope at this time, and in the future, State Department officials will fulfill this obligation without further ado.
Thank you in advance for your time and consideration. If you should have any questions, I may be contacted at my email, email@example.com.
Founder – Global Expats
Founder – Safe Child International
cc: Congressman Steny Hoyer
Congressional members of the American’s Abroad Caucus