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

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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