“My case is going to be an example that will be taken into account United Nations When the state goes silent and ignores the victim, as it happened to me, I have gone nine years without justice listening to me and without the possibility of trial”.
Her initials are EL, she is 42 years old, has been listed since the age of 17, is a social integrator and has managed to take a historic step to the Spanish justice system: for the first time, national audience accepts the resolutions of United Nations They are binding. In other words, Spanish justice and administration must obey them.
This time the case is related to a case Cruel, inhuman and degrading treatment, “Unless a full reassessment is made, as indicated united nations committee against tyrannyBreach of human right“, sentence sentence.
The wishbone is the case of a woman who has received a . had suffered a broken nasal septum during police arrest In Cordoba in 2013. The lawsuit, which has been on several judicial tables for nearly the new years, states that agents pulled her hair, hit her against the plinth of a patrol car door, and applied braking continuously so that his head hits the screen Separation of the front and rear seats of the vehicle. He asked the police to call medical services and when they refused, he used his mobile phone to call an ambulance. Health emergency vehicles reached the police station and shifted the woman to the hospital where she was operated on for her nose and was admitted for five days.
through your lawyer valentine aguillarifrom Association for Human Rights-AndalusiaThe victim reported the alleged abuse, but neither the court of instruction, nor the provincial court, nor constitutional Court He never told her the reason.
The woman and her lawyer went back united nations committee against tyranny (CAT), which, seven years after the events, granted him an injunction. In a resolution dated January 15, 2020, the CAT stated that “there were reasonable indications of cruel, inhuman or degrading treatment”, affirmed that “the State Party has failed to comply with its obligation to ensure medical aid” and from Spain “Full Reimbursement, Compensation and Rehabilitation for the Victim” and the measures taken against those responsible.
Now, the controversial-administrative chamber of the National High Court has reversed all those dismissals of previous courts and “Administrative Silence” of the state, which never responded to the claims of damages. The sentence is so strong that it copies the entire paragraph of the other Great Resolution of Spanish Justice on the obligation to comply with the decisions of the United Nations: Supreme court which compelled Spain to comply with the United Nations order for compensation njella gonzalez For not protecting her daughter who was killed by her ex-husband during a trip. “There can be no doubt that the decisions will be binding/compulsory for the State Party,” it said, adding that the Supreme Court judgment has now been literally copied by the National High Court.
In a previous 27 April judgment, the National High Court affirmed: “Unless the damage is fully repaired, as reflected in the CAT’s resolution, Human rights violations are perpetuated and perpetuated that it declares; That no one may be subjected to torture or to cruel, inhuman or degrading treatment. Therefore, once the infringement of the right is declared in the judgment of CAT, only the lapse in its execution perpetuates the alleged infringement.”
In other words, the National High Court is of the view that not only was the victim’s human rights violated and treated humiliatingly, but that she continues to be abused unless redressed. so order one 3,000 euro compensation Based on the 21 days it took to physically recover, “slight deviation of the nasal septum” and “exacerbation of previous anxiety-depressive disorder”. However, the National High Court does not accept the second part of CAT’s motion and does not say that action should be taken against the agents who assaulted the woman.
Valentin Aguilar salutes the sentence and outlines a question for the future: “The state now has two possibilities: compensate the victim or resort to the Supreme Court. But it’s a risk because it can produce two sentences.” and make jurisprudence.What is relevant is that the National High Court considers that the resolution of International treaties signed by Spain They are binding. The state cannot even turn its ears. You have to complete them. And we are talking about human rights violations.
He talks to EL Mundo on leave from his work with the homeless. She had devoted all her life to the hospitality industry, but that night in January 2013 marked her so much that after two years psychological lowthe state announced its permanent disability And he changed his future. “I decided to dedicate my life to helping, I studied social integrity and here I am.”
– What happened that day?
I never had any problem with the police nor did I have any record. I trusted the police because they were my values. We were in a pub and a purse was snatched. I didn’t know that mine too had been stolen and when I was leaving the pub, some policemen stopped me and asked for my documents. When I went to give it to her I realized I didn’t have it and was carrying another bag that was not mine. They started asking me the wrong way and a policeman slapped me, They handcuffed me in the street even though I told them not to do so because I have a non-mobile hand. another policeman pulled my hair and pushed me and I hit the crest of the car door, And then they put me in the patrol car.
How was that transfer?
– They put me inside without a seatbelt. It will be at a distance of about seven-eight kilometers from the police station. On the way I bumped into seat sharing. The cops laughed and they applied the brakes for me to hit the splits. I bumped into each other all the time and they laughed. it is amazing.
– And what happened when you got to the police station?
I told him that I have a lot of pain in my nose. I asked the doctor to see me but he ignored me, He undressed me, recognized me as me, grabbed my shoulder tightly and threw me out: ‘Go on the street, if you want a doctor, go yourself,’ he told me. So, at the door of the police station, I called an ambulance and just then a police chief came out, as he was on the streets, and shouted at me: ‘I scream at your dead, daughter of a bitch! If I listen to you, you’ll be here all night!’ I had to keep quiet and didn’t feel safe until an ambulance arrived and took me to the hospital. He operated on me the next day.
Did someone visit you in the hospital?
-Yes, the next day some other very friendly policeman came and gave me his wallet. It was found in the bathroom, which proves that it was stolen from me too. those police officers encouraged me to report Because he had said that those comrades have tarnished the image of others.
How was the legal remedy?
,the judge treated me like a criminal, When I told him that the first police officer gave me the wafer, he cut me off and told me that the wafers are given in the church, and they talk nicely in his office. He did not believe my testimony and told me that it could be a false allegation which could carry a jail term of six months. Lethal get out of there. He himself had filed the case. I just wanted a fair trial so that the policemen can be punished. But he never had to sit on the bench for what he did.
The court’s decision requires that you be repaired but those responsible should not be punished…
-Yes. That’s my pity. I don’t care about money at all. I just want a fair trial. I am happy on one hand, but on the other hand I feel that the police should be judged. What hurts the most is morality, psychological damage. You feel bad as a person. Hopefully the punishment helps to have more control in police stations and not allow anyone to raise their hands. I lost my power as a person, I was at his mercy, I have lost my potential as a person,
– You live in a small town. Have you seen any of those cops again?
For the policeman, yes. I came across an obstacle… I was scared and I turned the sidewalk. I I’m still in psychiatric treatment with pills, I see a uniform and I block. When I hear a siren I move as far away as possible. I know not all policemen are the same, but I think I will carry this with me for the rest of my life.
according to the norms of