Letter to US Embassy in Madrid | Amb. Solomont 6/24/13

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

 

June 24, 2013

RE: Domestic abuse as a human rights violation, and a State’s obligation to protect

Dear Ambassador Solomont,

I am once again contacting the American Embassy in Madrid as the problems and issues I have encountered with the Spanish judicial system concern the estimated 6 million Americans living abroad.  Additionally, with increasing high-profile, media coverage of international child abduction cases like Maria Jose Carrascosa, Ana Serrot,[1] and David Goldman[2] the problems and issues that my case exposes will increasingly create contentious diplomatic relations between governments.

It is my contention thatpreventing these cases from escalating to crisis proportions is a much more effective strategy than currently employed by Consulates around the world.  My own case is no longer just about seeking justice and retribution for me and my children, but about setting judicial precedent, as well as proper protocol for government agencies and their representatives in order to prevent these crisis situations from arising in the first place.I am therefore officially informing the American Embassy that I have filed a complaint with the Illustre Colegio de Abogados de Madrid against the following legal counsel:

I also wish to notify the US Embassy in Madrid that I am officially requesting assistance from the American Consulate in Madrid in regards to my petition to the Illustre Colegio de Abogados de Madrid to investigate the allegations against my legal counsel with due diligence and to the letter of the law. Additionally, I am requesting that the American Consulate refer my case, and allegations against legal counsel, to the appropriate law enforcement authoritiesin Spain who oversee white-collar crimes, judicial corruption, or any other pertinent Spanish authority, for a full investigation.

After the refusal of the Defensor del Pueblo, Consejo General del Poder Judicial and Instituto de Mujer to review and investigate my allegations and complaints filed in April 2012, I have every reason to believe that the Ilustre Colegio de Abogados de Madrid will also fail to diligently investigate my allegations of criminal and professional negligence and mis-conduct by my lawyers between September 2007 and November 2012.

It should be noted that the failure of Spanish regulatory agencies to diligently and effectively investigate, sanction, and provide restitution for all acts, and omissions of acts, of state and non-state actors who fail to effectively defend victims of domestic abuse within family courts give rise to responsibility and liability of the Spanish government (under the principle of due diligence) as set forth in Gonzales vs. USA (Inter-American Commission on Human Rights, 2011,) inter alia.

The cover-up of domestic abuse by family courts is well documented in studies and reports, with high profile cases in the Spanish press such as Maria Jose Carrascosa and Ana Serrot par for the course in cases of domestic abuse. These cover-ups are only equaled by the cover-up of the widespread negligence and corruption of judicial actors by other judicial actors.

Please find enclosed:

Activists in the USA equate the cover-up of domestic abuse by family courts to the cover-ups seen in the cases of sexual abuse within the Catholic Church, Penn State (Jerry Sandusky,) Boy scouts, schools, entertainment industry, etc. And, the dynamics, social traditions and customs are the same.

The discriminatory and antiquated traditions and customs which serve to cover-up and sanction domestic abuse in all its forms (as well as promote and sustain the domination and oppressive of women) supersede even the most progressive laws by the majority of judicial actors in North America, Europe, and Australia. Their actions and omissions of actions, while highly illegal, immoral, and resulting in judicial corruption (also due to antiquated traditions) are sub-sequentially covered-up by colleagues and government regulatory agencies, often by omission of action.

The first step in combating, and reversing the rampant negligence and corruption in family courts is through diligent and effective governance by the regulatory agencies responsible for supervising and sanctioning lawyers, judges, court psycho-social teams, evaluators, monitors, law enforcement officials, etc. In my own case, I indicated to implicated parties that I would pursue every legal channel at my disposition, upon which they responded “We do this all the time. Who are you going to tell?” And, effectively it is the lack of good governance and accountability by regulatory agencies and the Spanish government which is the motor behind the entire dynamics.

Patriachal traditions and customs are still very much in vigor amongst legal counsel, judges and court personnel in Spain (and elsewhere.) All contents of a home (including women and children) and financial assets are considered the “property” of the husband and father by most judicial actors. Housewives, particularly upper-middle class ones, are considered “toxic, trophy wives,” who are parasites, profiting from the hard-work of their husbands, and not deserving of “ill-gotten gains” in the liquidation of assets, nor even recognition of their contribution to the home, raising of children, or husband’s career.

This is why in 6 years of litigation (and upon my continual insistence) my lawyers categorically and repeatedly refused to request a subpoena from the courts for common-property, financial records (1991-2008.) Additionally, their actions and omission of actions which denied me access to all and any common property assets and funds (2007-2013,) assured that I would lack the funds necessary to initiate litigation against them in Spanish courts, or against the Spanish government in the international courts. (Not counting on the fact that I am perfectly capable of submitting my case (and a propelling one) to Spanish regulatory agencies and/or the European Courts of Human Rights (and or CEDAW) without the assistance of a lawyer.)

The negligence and malfeasance of my legal counsel, particularly Jorge Capell of Cuatrecasas, Gonçalves Pereira, Belén García Martin, Miguel Martínez López de Asiain, and Ignacio González Martínez was confirmed on several occasions (2008-2012) by the Federación de Asociaciones de Mujeres Separadas y Divorciadas (www.separadasydivorciadas.org) and Federación de Mujeres Progresistas (www.fmujeresprogresistas.org.) These organizations are well aware of the rampant discrimination against women and corruption in family courts. But, unless the colegios de abogados (Bar Associations), Consejo General del Poder Judicial, the Defensor Pueblo, Instituto de Mujer, and colegios de psicólogos are willing to exhibit due diligence in their investigation into complaints by aggrieved citizens (including foreign nationals,) women’s rights organizations are powerless to effectively combat problems within the courts.

Of additional consideration in the examination of my case is how rampant corruption and discrimination in the courts deter foreign investments to and entrepreneurial efforts in Spain.

As my lawyers in Madrid have been aware from the beginning, the escalation of violence within my home, the threats upon my life, stalking, harassment, and manipulations of my ex husband to intimidate me and defraud me of my assets have all been in his efforts to prevent me from creating Global Expats and www.global-expats.com (presently www.global-xpats.com.)  Even though this project, from its inception in 2007, received enormous support and interest from all sectors of the global mobility industry,[4] has enormous revenue-generating potential (estimate loss opportunity cost to date is $200 million usd,) and will create thousands of jobs, my legal counsel have consistently done everything possible to assist my ex husband (a “respectable,” Spanish male) rather their client (a woman, homemaker, and foreigner.) My story is an enormous de-motivator, dissuasion, and “alarm” for any foreign investors and entrepreneurs wishing to invest in Madrid.

Global Expats is modeled after the Federation of American Women’s Clubs Overseas (FAWCO), but will be a revenue-generating organization that will remunerate its managers and employees. As an expat and “employer” of expats, you are well aware that expatriated American families face a myriad of challenges that their employers from the public and private sector are unable to address. In response to this void, in the past 80 years expat organizations modeled after FAWCO have sprung up across the globe serving a wide variety of expat communities. Unfortunately, due to their volunteer, non-profit structure they are hampered in their efforts to fulfill the needs of the communities they serve, and why I am transforming the model into a profit-making entity. The challenge of course was generating the millions and millions of dollars (euros, etc.) necessary to remunerate a global work-force of “trailing spouse” homemakers, large enough to deliver quality product and services.

This is where my idea for an all inclusive, information, networking website portal (with revenues from advertising sales) came in. After an extensive 8+ month market study (2006) of Internet trends, Web 2.0, other expat websites, etc., I came up with the idea for my website, www.global-expats.com;  a cross between www.yelp.com/www.citysearch.com/www.local.com (local search websites); www.about.com/www.ask.com (city-guide, lifestyle websites); and www.facebook.com/www.linkedin.com. While in 2006 these websites were still in their infancy, they are now generating millions and even billions of dollars in revenues each year, demonstrating beyond any doubt that not only is my idea viable and profitable, but rather brilliant. (And, exactly why my ex husband has been so desperate to destroy it from the beginning.)

However, the true problem here are not the emotional problems of my ex husband. The true problem lies in unethical lawyers, judges, and court personnel who would not only cover-up for my ex husband’s abuse and manipulations, but also participate in the abuse due to their gender-bias, xenophobia, their own psychopathological tendencies or abusive personality disorder, ignorance, and/or lack of cognitive ability. Whatever their motivation or reasons, they are of little importance. They blatantly and flagrantly violated their deontological obligations and violated numerous articles of the civil and penal code as well as Spanish law; and should be held fully accountable.

As you recognized in your speech at the Rotary Club of Madrid (January 2013) “entrepreneurs and their innovations are the motor of the… economy and an enormous fountain of prosperity and progress;”[5] encouraging the Spanish government “to initiate reforms that will transform [the] county into a more attractive destination for foreign investors, given the fact that various international organizations have indicated that Spain is not exactly one of the easiest countries in which to start a company.”[6]

At a breakfast briefing with Europa Press in January 2013 you further recognized, that in order to make Spain more economically sound and competitive in the global marketplace and global economy the Spanish government must “improve the level of transparency… [and] confront the “important” problem of corruption in an “aggressive and rapid” manner in order to not “erode” the confidence of [Spanish] citizens towards their government, who have called for “difficult sacrifices” in tackling the [economic] crisis.”[7]

Unfortunately, as my case dramatically demonstrates, behind the very same political rhetoric espoused in your speeches and used by leaders across the globe, there lays bureaucratic, nepotistic, and ineffective government agencies and civil servants which are dismally failing to implement and administer the promises, rhetoric, and  “exterior” policies of “upper management.”

In my case, on the one hand, I have been dealing with the Spanish judicial system which is obligated under international human rights law to protect victims of domestic abuse residing within their borders. And, who in order to fulfill their obligation have a Spanish constitution, judicial and legal system under a democratic model and in accordance with human rights treaties (which is exemplary and almost utopian in its structure) and non-ending political promises and rhetoric from leaders at national, regional and local levels. But, lack substance and reality beneath the rhetoric.

And, on the other hand, I have been dealing with the US American Embassy and Consulate in Madrid’s and Department of State in Washington, DC, who are obligated to protect the rights and interests of their citizens residing abroad. And, in order to fulfill this obligation they have at their disposal international treaties, US federal law, State Department guidelines (7 FAM and 22 CFR), State Department and the Obama Administration rhetoric and promises. But, lack substance and reality beneath the rhetoric.

As Under-Secretary-General and Executive Director of UN Women Michelle Bachelet stated in her closing remarks to the Stakeholders’ Forum on Preventing and Eliminating Violence Against Women “[T]he shortcomings lie elsewhere—in the lack of political prioritization… Now is the time for governments to translate international promises into concrete national action….”

My own research, as well as many of the present efforts and direction of the International Monetary Fund (IMF) under Christine Lagarde (where I have been employed in the past 5 years) demonstrates that these are the challenges of the 21st century. This is where governments, agencies, industries, capital markets, and individuals must direct their efforts in ensuring global economic stability and prosperity in the future. Transforming rhetoric into reality!

As an act of good faith, in the interest of all implicated parties, and in order to avoid protracted, high-profile litigation within the European Courts on Human Rights, I am more than willing to come to an equitable settlement with my lawyers for restitution of damages incurred. However, to date they have not expressed any interest in reaching an acceptable agreement; leaving me no other option than to continue with litigation.

The US Department of State and American Consulate in Madrid have continually said that they are unable to assist me, because they may not act as legal representatives or provide legal advice to American living abroad under 22 CFR 92. I have repeatedly informed them that my requests in no way, shape or form constituted legal representation or advice from US Department of State officials (see enclosed correspondence.) All the assistance that I have requested in the past, and am requesting at present, has always been in perfect accordance with US law, Spanish law, international agreements and treaties, and in no way jeopardize US – Spanish diplomatic relations.

To the contrary, compliance with my requests by the US Consulate in Madrid from the onset of my case in all probability would have deterred my lawyers, law enforcement officials, presiding judges, etc. from violating my rights and Spanish and international law, and creating a “crisis” situation. It is my firm belief that crisis prevention is more effective than crisis management in strengthening bi-lateral diplomatic relations between countries and governments.

I am therefore officially requesting that the American Embassy and Consulate request that the Ilustre Colegio de Abogados de Madrid examine and investigation all of the allegations against my lawyers with the highest level of diligence, and to the letter of the law. My complaint in its entirety is available on the Internet and posted on http://worldpulse.com/node/72778. It can be freely consulted and downloaded in pdf format by US Department of State official in Madrid or Washington, DC.  

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

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

US Consulate, Embassy of the United States in Madrid

Congressman Steny Hoyer

————————————————————

[1] See enclosed “In the Press” document

[2] http://en.wikipedia.org/wiki/Goldman_child_abduction_case

[3] Bajo el ley Española y parámetros indicado por el Consejo General de Procuradores de España parece que mis  procuradores eran bajo un obligación de notificar el tribunal y el juez de instrucción, y/o autoridades apropiadas sobre cualquier irregularidades, transgresiones, o negligencia profesional o criminal (o el intención de cometerlo) por actores judiciales, y entonces poseen un responsabilidad legal y obligación por daños financieros sufrido por mi y/o mis hijos en relación de mi caso. Mismo si no eran autores de dichos infracciones, ellos se vuelven encubridor de un delito por su omisión de actuar bajo la ley Española.

[4] (HR departments from the private and public sector (US Dept. of State included), relocation companies, moving companies, international schools, global vendors, and expatriates and their spouses)

[5] http://www.europapress.es/latam/estadosunidos/noticia-eeuu-espana-embajada-eeuu-espana-promovera-cultura-emprendimiento-jovenes-espanoles-20130410190922.html .

[6]http://www.europapress.es/economia/noticia-embajador-eeuu-anima-espana-hacer-reformas-atraer-inversion-20130131120431.html

[7]http://www.europapress.es/nacional/noticia-embajador-eeuu-urge-espana-abordar-corrupcion-manera-agresiva-20130131110020.html

_______________________________________________________________________________________________

June 24, 2013

RE: Human rights violations under the failure to protect and the principle of due diligence

Dear Consul General,

I am once again contacting the US State Department in regards to my divorce/domestic violence case in Spain, in the hopes of an expeditious, acceptable, and final resolution, thereby avoiding future correspondence with you in regards to the case at hand.

I received the court documents of my divorce from my lawyers, via the American Consulate on April 29, 2013, thereby officially ending legal proceeding in regards to Divorcio contencioso Gonzalez de Alcala vs. Wilcox 1143/2007.  My case is now against my legal counsel for their professional and criminal negligence in regards to my defense in all judicial proceedings between September 2007 and November 2012 as well as for financial, moral, and punitive damages. Damages reclaimed are personal as well as to lost income of my company, Global Expats – www.global-xpats.com, estimated at $200 million to date. Please see enclose document, Global Expats – Concept and Structure.

It is my sincere hope that the appropriate Spanish regulatory agencies and courts will exercise due diligence in investigating the facts of my case, holding all judicial actors responsible for their infractions of the law, with appropriate restitution of damages incurred by me and my company, thereby avoiding the obligation of presenting my case to the European Courts of Human Rights.

As an act of good faith, in the interest of all implicated parties, and in order to avoid protracted, high-profile litigation within the international courts, I am more than willing to come to an equitable settlement with implicated lawyers for restitution of damages incurred. However, to date they have not expressed any interest in reaching an acceptable agreement; leaving me no other option than to continue with litigation.

To this end I am hereby requesting that the American Consulate in Madrid officially request that the Ilustre Colegio de Abogados de Madrid, examine and investigate the complaint against implicated lawyers in Spain (2007-2012) with the highest level of diligence. While a copy of my complaint is enclosed all supporting and accompanying documents in downloadable pdf format, are posted on the Internet at http://worldpulse.com/node/72778 and is against the following legal counsel:

I am requesting that the American Consulate refer my case, and allegations against legal counsel, to the appropriate law enforcement authoritiesin Spain who oversee white-collar crimes, judicial corruption, or any other pertinent Spanish authority, for a full investigation.

After the refusal of the Defensor del Pueblo, Consejo General del Poder Judicial and Instituto de Mujer to review and investigate my allegations and complaints filed in April 2012 (posted on http://worldpulse.com/node/52011 and http://worldpulse.com/node/50602 – my subsequent complaint to the Commission on the Status of Women is posted on http://worldpulse.com/node/55730.) I have every reason to believe that the Ilustre Colegio de Abogados de Madrid will also fail to diligently investigate my allegations of criminal and professional negligence and mis-conduct by implicated lawyers between September 2007 and November 2012.

It is therefore important that the American Consulate exercise their prerogative under art. 5 of the Convention of Consular Relations “(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; (e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;” art.38 “In the exercise of their functions, consular officers may address: (a) the competent local authorities of their consular district; (b) the competent central authorities of the receiving State…”and art. 44“Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings. A consular employee or a member of the service staff shall not… decline to give evidence.”

Art. 5, 38 and 44 clearly provide the American Consulate in Spain with the authority and privilege to contact Spanish administrative and regulatory agencies on my behalf, requesting that my complaint and petition be afforded diligent consideration as provided for under Spanish law, and Constitution, as well as international law.

Correspondence dated May 3, 2013, from Ms. Joyce Namde, European Division Chief, Office of American Citizens Services and Crisis Management (see enclosed) indicated that the US Department of State, Consular Affairs Division does not consider it the duty or obligation of the American Consulate in Madrid to contact administrative or regulatory agencies in Madrid on my (an American citizen’s) behalf.

I quote “We understand that you were not satisfied with the legal representation you received in Spain and that you plan to pursue a formal complaint there. As we explained previously in our communications, the US government may not intervene in the private legal matters of US citizens in foreign domestic courts. We are prohibited by federal regulations from acting as attorneys or agent or in any fiduciary capacity in 22 CFR92. You can find more about the Spanish legal system generally and a list of Spanish attorneys at the US Embassy website at http://madrid.usembassy.gov/citizen-services/professional-services/legal-assistance.html.”

Ms. Namde contention that the American Consulate in Madrid may not comply with my request because US and/or international law, and/or US Department of State’s guidelines or obligations does not permit it is completely erroneous under the following:

  1. In regards to domestic abuse and violence, and the failure of a State to protect is not a “private matter” but a human rights violation.

I referred you to the amicus brief on The Duty to Protect in Gonzales vs. USA, 2011 (Inter-American Commission on Human Rights – http://web.law.columbia.edu/human-rights-institute/inter-american-human-rights-system/jessica-gonzales-v-us/gonzales-case-page)

“Traditionally, domestic violence has been conceptualized as a private or family matter beyond the reach of the state. In order to ensure effective enforcement of women’s human rights, the Commission has repeatedly “suggested an examination of [this] traditional dichotomy between private acts and public acts, a dichotomy in which private, domestic, or intimate matters are considered beyond the purview of the State. In this dichotomy between public and private acts, the family is regarded as the geographic epicenter of domestic matters and a realm in which the state is not to intrude. The misguided reasoning is that the State should refrain from any interference in family matters out of respect for personal autonomy.” Id. at 26; see also Maria da Penha Maia Fernandes, Inter-Am. C.H.R., Report No. 54/01 ¶¶ 55, 56. 21/

21/ Of course, “[v]iolence against women in the family is not a private matter but a human rights violation. Where it occurs, human rights are not fully protected.” Amnesty Int’l, Russian Federation: Nowhere to Turn to – Violence Against Women in the Family, AI Index EUR 46/056/2005, Dec. 14, 2005. The European Court of Human Rights has regularly recognized that domestic violence is not a private matter and that states have a positive obligation to protect individuals against actsof violence by private individuals. See Osman v. The United Kingdom, 1 9 9 8 – V I I I E u r . C t . H . R . , a v a i l a b l e a t http://cmiskp.echr.coe.int/tkp197/portal.asp?sessionId=14692669&sk in=hudoc-en&action=request (follow “Case of Osman v. the United Kingdom” hyperlink); M.C. v. Bulgaria, 2003-I-Eur.Ct. H.R. at 646 (2004). Nonetheless, as a 2006 report by the United Nations Secretary- General observed, although international law “in the last 15 years has extended the State’s human rights obligations in the family arena,” enforcement of State laws and policies in line with these obligations “remains a pervasive challenge, as social norms and legal culture often protect privacy and male dominance within the family at the expense of the safety of woman and girls.” U.N. Secretary-General, Ending Violence Against Women: From Words to Action, supra, at 36.”

I further cite Amnesty International’s Spain: Briefing to the Human Rights Committee[2], which documents the systematicfailure of the Spanish judicial system and Spanish government to assure that victims of domestic abuse are adequately protected, that they are not discriminated against in judicial proceedings, and that they receive appropriate redress for violations committed against them.

“Violence against women by intimate partners or former partners

The Human Rights Committee has clarified that the obligation to ensure the rights recognized in the Covenant to all individuals requires that States parties take all necessary steps to enable persons to enjoy those rights without discrimination.[3] The obligation to protect women’s human rights includes the obligations to ensure effective protection against acts of gender violence committed by governmental agents and private individuals, and access to and effective redress where such violence occurs.

According to government figures for the period 1999-2007, the number of women killed by their partners or former partners increased from 58 women in 2005, 68 in 2006, up to 71 women in the year 2007.2 An official report on the characteristics of those who were killed revealed that 30 per cent of the victims had made at least on complaint to police about the man who killed her.3

Amnesty International is concerned that this data reflects the lack of effective protection of women’s rights to life and freedom from torture or other cruel, inhuman or degrading treatment or punishment. This lack of protection is exacerbated in the case of women from vulnerable groups and with additional difficulties, such as women who are discriminated against on the grounds of nationality, ethnic origin or migrant status.

However, the organization is concerned about the non-implementation of some of the rights guaranteed by Law 1/2004, and the fact that, in practice, many women remain unprotected. The organization is particularly concerned by the lack of due diligence in investigating and prosecuting acts of gender-based violence, as well as in protecting women at serious risk of gender-based violence. Amnesty International is also concerned about the special difficulties and obstacles that migrant women who do not have the appropriate documentation face, in accessing justice and specialized services.

In view of these concerns, Amnesty International considers that Spain is not yet adequately ensuring the rights of women who are at risk of or have faced gender-based violence to an effective remedy, as recommended by the Committee when it clarified that, in certain circumstances, it requires States Parties “to provide for and implement provisional or interim measures to avoid continuing violations and endeavour to repair at the earliest possible opportunity any harm that may have been caused by such violations”.5

Migrant women victims of gender-based violence

Amnesty International is concerned that migrant women in Spain are at particular risk of gender-based violence and killings in Spain. The death rate of victims per million is much higher for foreigners than for Spaniards. Over the last nine years (1999-2007), the death rate of women was 2.05 per million for Spaniards and 13.18 for foreigners.6 The lack of family or social networks, language barriers and economic dependency on the aggressor are factors that increase the vulnerability of migrant women.”

My case also involves police harassment and illegal detention on the night of April 22, 2008, the refusal and failure of Consular notification under the Convention of Consular Relations by the arresting officers, and the failure of authorities to investigate my allegations of illegal detention. The prevalence of this problem in Spain is also documented in Amnesty International’s Spain: Briefing to the Human Rights Committee

The organization highlights in particular its concerns about the failure of the state to comply fully with its obligations to prevent and prohibit torture and other ill-treatment by law enforcement officials, as required under Article 7 of the ICCPR, and to ensure that allegations of such treatment are independently, impartially and thoroughly investigated, that those responsible are brought to justice and that victims of such treatment receive adequate redress, including reparation, as required by Article 2. The organization is concerned that these failures are creating a climate of impunity. Amnesty International remains concerned, in particular, by the failure of the Spanish authorities to respond positively to the many recommendations of UN bodies, including the Human Rights Committee, on this issue.

And, finally my case involves my ex husband’s, efforts to defraud me of my rightful assets and funds (as well as prevent me from exercising my right to work.) The collusion of my legal counsel and the presiding judges (actions and omission of actions,) constitutes conspiracy to defraud, and the refusal of Spanish regulatory agencies to investigate my allegations against them, implicates the Spanish government in human rights violations.

These are very serious crimes, and in no way, shape or form constitute “private legal matters” as the American Consulate in Madrid and US Department of State, Office of American Citizens Services and Crisis Management have continually contended.

  1. Ms. Namde also contends that the US Department of State and representatives “are prohibited by federal regulations from acting as attorneys or agent or in any fiduciary capacity in 22 CFR92. You can find more about the Spanish legal system generally and a list of Spanish attorneys at the US Embassy website at http://madrid.usembassy.gov/citizen-services/professional-services/legal-assistance.html.”

Her contention that contacting a Spanish administrative or regulatory agency on my behalf constitutes “legal representation or advice,” and therefore under 22 CFR 92, the Consulate is unable to comply with my requests, is completely erroneous.

I cite the following in 22 CFR 92:

§ 92.81 Performance of legal services. (a) Legal services defined. The term ‘‘legal services’’ means services of the kind usually performed by attorneys for private persons and includes such acts as the drawing up of wills, powers of attorney, or other legal instruments. (b) Performance usually prohibited—(1) General prohibition; exceptions. Officers of the Foreign Service should not perform legal services except when instructed to do so by the Secretary of State, (c) Refusal of requests. In refusing requests for the performance of legal services, an officer of the Foreign Service should cite these regulations and should state clearly his reasons for refusing to act. In appropriate cases, the officer may furnish the inquirer with a copy of the annual list of attorneys (see § 92.82) practicing in the consular district or he may refer the inquirer to the Department for a list of attorneys. (d) Waiver of responsibility. When an officer of the Foreign Service accedes to a request for the performance of a legal service, he should inform the applicant that the service is performed at the latter’s risk and without any responsibility on the part of the United States Government or the officer performing the service.

My request that the US Consulate in Madrid contact the Ilustre Colegio de Abogados de Madrid and/or implicated lawyers on my behalf and in an official capacity in no way constitute “legal services,” as defined in 22CFR 92, and therefore outside the responsibilities or obligations of Consular representatives. To the contrary,my request (as have been previous ones) are in accordance with US law and State Department guidelines (22 CFR and 7 FAM), inter alia. I cite the following:

7 FAM 012 ELIGIBLITY (CT:CON-416; 07-26-2012)

a. U.S. Nationals Eligible for Consular Protection and Other Services: Nationality is the principal relationship that connects an individual to a State. International law recognizes the right of a State to afford diplomatic and consular protection to its nationals and to represent their interests.

7 FAMCONSULAR PROTECTION OF U.S. NATIONALS ABROAD – 7 FAM 011 SUMMARY (CT:CON-427; 12-10-2012)

a. The U.S. Department of State and our embassies and consulates abroad have no greater responsibility than the protection of U.S. citizens overseas. Article 5 of the Vienna Convention on Consular Relations (VCCR) provides that consular functions include. Article 5, VCCR, Consular Functions “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. . . .”

7 FAM 1921 AUTHORITIES

(CT:CON-98; 12-13-2004)

b. Foreign governments have also recognized the unique problems experienced by victims of crime. See the non-binding U.N. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power adopted by General Assembly resolution 40/34 of November 29, 1985.

c. Consular authority to provide assistance to U.S. citizen victims of crime abroad and their families in the United States is derived from:

(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; and

(7) 22 CFR 71.6 Services for Distressed Americans.

Additionally, under 22 CFR § 71.1 (Protection of Americans abroad. Officers of the Foreign Service shall perform such duties in connection with the protection of American nationals abroad as may be imposed upon them by rules and regulations prescribed by the Secretary of State.) and 22 CFR § 10.735–215 (“General conduct prejudicial to the Government (b) An employee abroad is also obligated to obey the laws of the country in which the employee is present) US Consular representatives are bound by an “obligation to protect and assist” as defined and provided for under the Spanish Constitution, Spanish penal and civil code, and all applicable laws. For a comprehensive list of Consular duties and obligations in relation to my case see endnote. [i]

Under article 195 and 450 of the Spanish penal code US Consular representatives in Madrid have a duty under Spanish law to assist victims of domestic abuse, as well as transmit any knowledge as to the failure of the Spanish judicial system to protect them to the appropriate authorities (including but not limited to negligent and/or criminal actions or omission of actions by state or no-state actors.) (Art.195 “Whoever does not assist a person who is unprotected or in serious, manifest danger, when able to do so without risk to himself or third parties, shall be punished with the penalty of a fine of three to twelve months…The same penalties shall be incurred by whoever, being unable to provide assistance, does not urgently call for outside help.” And, art. 450 “Whoever is able, by his immediate intervention and without risk to himself or another, and does not prevent a felony being committed that affects the life, integrity or health, freedom or sexual freedom of persons, shall be punished with a sentence of imprisonment of six months to two years if the offence is against life, and that of a fine from six to twenty- four months in the other cases, except if the offence not prevented is subject to an equal or lower punishment, in which case a lower degree punishment than that for the actual felony shall be imposed… The same penalties shall be incurred by whoever, being able to do so, does not resort to the authority or its agents in order for them to prevent a felony of those foreseen in the preceding Section when informed that it is about to be, or is being committed.”)

Additionally, the American Consulate and its representatives have an obligation under article 408 of the Spanish penal code to assure that the Illustre Colegio de Abogados de Madrid diligently examine and investigate my allegations against Gonzalo Martínez de Haro of Vinader, Maria Fernanda Guerrero Guerrero, Belén García Martin, Jose Manuel Hernández Jiménez, Jorge Capell de Cuatrecasas, Gonçalves Pereira, Alberto Fontes García Calamarte, Miguel Martínez López de Asiain y Ignacio González Martínez.

Article 408 of the Spanish penal code states “The authority or public officer who, failing in the obligations of his office, were to intentionally cease to promote persecution of the felonies that he or his officers obtain knowledge of, shall incur the punishment of special barring from public employment and office for a term of six months to two years.”

As to the US Department of State’s advice in the past 6 years, that I should consult the American Embassy website (in order to obtain legal counsel in Spain) I wish to call attention to the fact that 3 out of the 4 lawyers engaged in the most serious professional and criminal negligence in my case are advertised on the American Embassy website. I am unfamiliar with the selection process of the American Embassy/Consulate in compilation of their list, but sincerely hope that they will revise the criteria and/or selection process of lawyers included.

Thank you in advance for your time and consideration. It is my greatest hope that the Ilustre Colegio de Abogados de Madrid will diligently examine and investigate the allegation against implicated lawyers that implicated lawyers will be encouraged to arrive at an acceptable settlement in a timely manner, so that I might finally return to my work on Global Expats.  I believe it is in the best interest of all parties to move forward, rather than continue with years of high-profile litigation in the Spanish and/or international courts.

If you should require further information, or have any questions, please feel free to contact me at quenby@global-xpats.com or 00.1 (202) 213-4911.

Sincerely,

Quenby Wilcox

Founder – Global Expats

quenby@global-xpats.com

www.global-xpats.com

——————————————–

cc : Under Secretary of Management, Patrick Kennedy

Ambassador Alan Solomont, American Embassy in Madrid

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

Congressman Steny Hoyer

————————————————-

[1] Bajo el ley Española y parámetros indicado por el Consejo General de Procuradores de España parece que mis  procuradores eran bajo un obligación de notificar el tribunal y el juez de instrucción, y/o autoridades apropiadas sobre cualquier irregularidades, transgresiones, o negligencia profesional o criminal (o el intención de cometerlo) por actores judiciales, y entonces poseen un responsabilidad legal y obligación por daños financieros sufrido por mi y/o mis hijos en relación de mi caso. Mismo si no eran autores de dichos infracciones, ellos se vuelven encubridor de un delito por su omisión de actuar bajo la ley Española.

[2]http://www.amnesty.org/en/library/asset/EUR41/012/2008/en/bc06e2a7-4cf1-11dd-bca2-bb9d43f3e059/eur410122008eng.html

[3]General Comment No. 28: Equality of rights between men and women (article 3)

UN doc.: CCPR/C/21/Rev.1/Add.10, 29 March 2000.

[i]7 FAM 012 ELIGIBLITY (CT:CON-416; 07-26-2012)

a. U.S. Nationals Eligible for Consular Protection and Other Services: Nationality is the principal relationship that connects an individual to a State. International law recognizes the right of a State to afford diplomatic and consular protection to its nationals and to represent their interests.

U.S. citizens are U.S. nationals. Section 101(a)(22) INA (8 U.S.C. 1101(a)(22)) provides that the term “national of the United States” means (A) a citizen of the United States,

j. The following table provides a summary and cross references to certain critical case reporting requirements. Reporting on other subjects are found throughout the 7 FAM:

7 FAM

CONSULAR PROTECTION OF U.S. NATIONALS ABROAD

7 FAM 011 SUMMARY (CT:CON-427; 12-10-2012)

a. The U.S. Department of State and our embassies and consulates abroad have no greater responsibility than the protection of U.S. citizens overseas. Article 5 of the Vienna Convention on Consular Relations (VCCR) provides that consular functions include.

Article 5, VCCR, Consular Functions

“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. . . .”

b. Bureau of Consular Affairs: Primary responsibility for protection of U.S. citizens abroad is carried out by the Bureau of Consular Affairs (CA) in the Department of State and by dedicated consular officers, locally engaged staff and consular agents abroad. 1 FAM 250 outlines the duties and responsibilities of the Bureau of Consular Affairs. It is imperative that consular officers participate fully in post Emergency Action Committees (EAC) to ensure that the interests of private U.S. citizens traveling and residing abroad are considered in post strategic planning and decision-making. (See 12 FAH-1 H-230, Emergency Action Committees).

c. Overseas Citizens Services: Within CA, the Directorate of Overseas Citizens Services (CA/OCS) is charged with exercising the Secretary of State’s responsibility to provide consular protection and services to United States citizens abroad. OCS serves as a liaison between concerned family members, friends and members of Congress in the United States and consular posts and U.S. citizens abroad. OCS is responsible for the ongoing development, delivery and oversight of a broad range of highly technical and complex programs and services requiring an in-depth knowledge of the laws, regulations, treaties, conventions, and precedents governing those programs. CA/OCS is comprised of three offices: American Citizen Services and Crisis Management (ACS), Children’s Issues (CI), and Legal Affairs (L). These offices are under the leadership of a Managing Director and the Deputy Assistant Secretary for Overseas Citizens Services.

d. The Office of American Citizens Services (ACS) and Crisis Management (CA/OCS/ACS) is in effect the Department’s “America Desk.’’ ACS helps U.S. citizens/nationals abroad and their families and friends at home with emergencies such as arrests…

f. The Office of Legal Affairs (CA/OCS/L) participates in formulating policies relating to emergency and non-emergency services to U.S. citizens residing or traveling abroad and to interested parties in the United States. L provides legal and technical guidance relating to OCS programs carried out by all OCS personnel and by consular officers worldwide. L’s primary responsibilities, stated briefly, include policy formulation, program analysis and planning, litigation, legislation, regulations, treaties, advisory opinions involving complex legal analysis, liaison with other agencies and private-sector counterparts. Posts can contact L at ASK-OCS-L@state.gov.

7 FAM 426.2-1 Failure to Notify Post of Arrest – report via email;

7 FAM 911 CONSULAR ROLE

(CT:CON-407; 06-29-2012)

a. Due to the growth in international trade, travel, cultural exchange, private international law, and crime, the demand for and complexity of consular judicial assistance is growing and is often of critical importance with respect to a broad range of U.S. policies and interests as diverse as narcotics intervention, prosecution of terrorists, child adoption and abduction, and international banking.

b. Judicial assistance is one of the many consular functions that may demand rapid action and close attention to detail. It may relate to litigation, investigation, evidence gathering, and legal discovery on behalf of parties in the United States and in the host country.

c. Consular Officers are often called upon to provide information on the local availability of attorneys, translators, and other specialists who may be needed.

d. When providing judicial assistance abroad, a consular officer must observe U.S. and host country legal procedures and sensitivities in rendering such assistance. When in doubt about how to perform unfamiliar judicial functions not described in this chapter, you should consult with the Department (CA/OCS/ACS). Legal questions may be addressed to CA/OCS/L at Ask-OCS-L-Dom-Post@state.gov. CA/OCS/L will consult with the Office of the Legal Adviser and the U.S. Department of Justice as appropriate.

7 FAM 1921 AUTHORITIES

(CT:CON-98; 12-13-2004)

a. State and Federal governments have enacted laws that specify the rights of crime victims and many states have amended their State constitutions to accord rights to victims.

b. Foreign governments have also recognized the unique problems experienced by victims of crime. See the non-binding U.N. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power adopted by General Assembly resolution 40/34 of November 29, 1985.

c. Consular authority to provide assistance to U.S. citizen victims of crime abroad and their families in the United States is derived from:

(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; and

(7) 22 CFR 71.6 Services for Distressed Americans.

7 FAM 1922 WHAT IS THE ROLE OF THE CONSULAR OFFICER?

PHYSICAL SAFETY OF THE VICTIM AND HIS OR HER SENSE OF SECURITY ARE YOUR MOST IMPORTANT CONCERNS.

7 FAM 1720 APPENDIX B CONSULAR OFFICER ACTION

(CT:CON-438; 01-31-2013)

When consular officers receive a request for assistance from a parent who reports domestic violence, the consular officer should continue to provide all appropriate victim assistance as outlined in 7 FAM 1932.3.

7 FAM 1932.3 Domestic Violence

(CT:CON-98; 12-13-2004)

a. Domestic violence is a pattern of coercive behavior using intimidating, threatening, harassing, or harmful behavior that occurs between two people in a marriage or other form of intimate relationship.

b. “Domestic violence” may involve physical, sexual, emotional, psychological abuse and/or financial or economic abuse. Domestic violence may also occur within same sex relationships; children living in an abusive home may also be victims of physical abuse or they may suffer emotional consequences from witnessing violence.

c. Victims of domestic violence may seek your help at any point in an abusive relationship:

(1) When the abuse is primarily emotional;

(2) Shortly after the first violent incident; or

(3) After a pattern of physical abuse has occurred over time.

d. See the “Domestic Violence” Tab in the “Consular Assistance to Victims of Crime Resource Notebook” on the CA/OCS Intranet feature for additional guidance, referral services, background reading and resources and information for consular assistance to victims of domestic violence.

7 FAM 1932.3-1 Before Domestic Violence Occurs

(CT:CON-98; 12-13-2004)

a. Develop and keep updated informational material for victims of domestic violence regarding the judicial process and other important laws and procedures in your country that they are likely to face or should know. Have information available in written form and on your Web site. See “Help for American Victims of Crime Overseas” brochure.

b. Become familiar with local laws related to domestic violence and what will/will not be prosecuted in the host country.

c. Gather information about the procedures used in such cases by law enforcement and prosecutors in investigating and prosecuting domestic violence.

d. Develop a list of local resources, including medical facilities, and medical care and mental health providers such as doctors, nurse examiners and counselors, who have training in domestic violence. See 7 FAM 300 for guidance on preparing a list of doctors, hospitals, and air ambulance services.

e. Be familiar with the “Consular Assistance to Victims of Crime Resource Notebook” guidelines (Domestic Violence Tab) on the CA/OCS Intranet feature and strategies on assisting victims of domestic violence that also cover compensation programs, crisis counseling and shelter programs, and assisting family members with the criminal justice process.

7 FAM 1932.3-2 How to Assist

(CT:CON-98; 12-13-2004)

a. The safety of the victim who reports the alleged domestic violence (and children if any are in the home) is your first concern.

b. Don’t blame the alleged victim.

c. Talk to him/her alone, without the spouse or children present. Do not underestimate the potential danger involved in the victim’s disclosure of domestic violence.

d. Identify immediate medical needs and assist him/her to receive medical care.

e. Ask if he/she has any concerns for his/her immediate safety, or that of his/her children. If yes, what are they? Does she have a plan to protect herself in the event of further violence?

f. Ask questions to obtain specific information about the nature and severity of the abuse he/she is reporting and whether children in the home have been abused or witnessed the reported abuse?

g. Ask if there have been previous incidents of domestic violence and whether he/she reported these to police or received medical treatment for injuries.

h. Encourage him/her to report abuse to the police and facilitate his/her contact with police if he/she wishes to report an assault. Identify potential problems or solutions with foreign exit control laws.

i. Help him/her obtain local law enforcement assistance with matters such as requesting an order of protection or returning to the household for personal property.

j. Ask if there are family or friends locally who can help?

k. Provide information about resources that address his/her physical safety and that of his/her children, his/her emotional needs, and basic issues

such as housing, food, clothing, and health.

l. If the person requests refuge or protection and there appears to be no appropriate local resources to ensure the U.S. citizen’s safety, (see 7 FAM 100 and 7 FAM 1700).

m. If he/she does not have a passport and wants to return to the United States, help with documentation for himself/herself and his/her children, (see 7 FAM 1300).

n. Alert the RSO about the situation if there are concerns about security at post.

o. Respect the decision the victim makes about whether to go to local authorities or return to the United States, being mindful that there are risks attached to whatever decision he/she makes.

p. Assess the situation and coordinate with CA/OCS/ACS about risks and options for assistance. Advise the victim of specialized resources for victims of domestic violence at post, if available, and in the United States if repatriation is planned.

(1) The actual departure is often a dangerous time for the victim and those accompanying him/her because the alleged assailant may become angry about their leaving;

(2) CA/OCS’s crime victim assistance specialists may be able to help identify domestic violence victim assistance and compensation resources that may be available in the state/community if the victim returns to the United States; and

(3) Assist him/her to obtain copies of police reports and/or medical documentation of injuries from abuse.

q. Report the alleged domestic violence to CA/OCS/ACS in a front-channel message showing “Crime Victim Assistance” on the subject line. Provide enough detail to convey the gravity of the situation, including the nature of the injuries and threats, without including sensational details (see 7 FAM 1940).

r. While you must treat allegations of domestic violence seriously, avoid assuming or saying that “a crime has been committed” in the absence of a finding by a competent authority.

 

Leave a Reply