• Sentence .. They condemn the ex-husband of Monica Oltra to five years in jail for sexual abuse of a supervised minor
  • Background .. Oltra's double measuring stick: Segorbe closed but did not act against her 'ex'

Everyone in the juvenile facility Luis Eduardo Ramirez knew was familiar to the Regional Minister for Equality and Inclusive Policies, vice president and leader of the Valencian Government Compromís, Monica Oltra. Under his responsibility, since June 2015, is the management of public and concerted juvenile centers, as was the case of the center that runs the Diagrama Foundation in a neighborhood of Valencia and where his now ex-husband worked, sentenced to five years in prison for sexual abuse of a child under 13 years.

This is the most serious case of those known so far, but there have been other controversies. In fact, the Popular Party wonders why the Advocacy of the Generalitat did not appear in this case when it did so in another that affected a residence managed by a religious congregation in Segorbe (Castellón), which ended up closing irregularly , and has asked for a commission of parliamentary investigation on the situation of the centers of minors in the Valencian Community, pointing out directly what the popular considers a "different rod of measure" on the part of the vice-president of the Generalitat.

In the case of the condemnation of her ex-husband, the victim of whom the Provincial Court considers that she abused knew the relationship and was frightened . "He says that a monitor, a certain D. who does not want to say more data and who has trouble speaking because of the fear that this raises for them that a relative has that is an important position within a Ministry and that it leaves by the TV , about 2-3 months ago sexually abused her consisting of the facts: that one night while he thought I was asleep he proceeded to take my hands and make a gayola, "picks up an 'informative note' from the National Police on June 22 of 2017 that gives rise to the judicial process. Neither the center nor the psychologists of the Ministry activated any protocol before the Office of the Prosecutor for Minors , as the Second Chamber of the Provincial Court in its sentence states with surprise.

The victim related the facts to the insistence of another minor, which the police accompanied to the center from which she had escaped. Until that moment, she had only been able to tell him who was then her boyfriend. Guardianship since the age of four and declared helpless at 14, her father was in prison and her mother could not take care of her . In its difficulty in reporting abuse, the court reconsiders the relationship of the educator with the high office. "It is possible to add the circumstance that in fact the defendant maintained, apparently, on the date of the events a relationship of kinship with a high position of the Generalitat, something that was known by everyone in the center, which represented for the adolescent a added difficulty when making the complaint in the fear of not being believed, "says the ruling.

The attitude of the director

The sentence does not consider that the minor has used the degree of notoriety of the family of the educator to obtain "an advantage" to leave the center and be welcomed by the family of her boyfriend, "because if that had been her interest she could have denounced others educators or more serious events, "says the court, which considers that its testimony was corroborated peripherally during the trial.

Could the family relationship with the consellera affect the treatment given to the educator? The court did not go into detail, but makes clear that "calls attention to " the fact that the director of the center "after receiving the news of the alleged abuses, not to ask the least about such episodes but only for reasons for which he wanted to leave the center, "as he said during his testimony at the hearing.

The truth is that the educator was removed during the internal investigation, but shortly after he returned to the center to work in a different plant because no preventive measures had been issued against him and he was in a situation of provisional freedom.

Yes, it was ordered by the Generalitat the transfer of the child to another reception center, but ended up entering a correction center when having opened a judicial case for theft. In fact, he went to the court in handcuffs and crying, which was a pull of a judge to the police for the "double victimization" to which they were subjecting the teenager, to which he apologized that he declared hidden behind a screen.

Could the Generalitat act by removing the educator and intervening in the center? As explained by Monica Oltra herself, no. «When the centers are not public, the Ministry cannot act. It is the problem of having a mostly privatized child protection system, of not having practically public management centers, ”he explained the day after the oral hearing was held. "When this happens in a public center, the Generalitat can, with the consent of the worker if he has the place, transfer him to another destination, but when he passes in a privatized center the personnel management does not depend on the Department, " he explained.

Shortly before the accusation of her ex-husband was uncovered in the center of Valencia, at the beginning of May 2017 Oltra ordered the closure and transferred all the minors of the Children's Center "Our Lady of the Resurrection" of Segorbe (Castellón) and made public in an appearance in the Valencian Courts that in that center a guardian had been dismissed for supplying drugs and of course sexual abuse to a minor , in addition to denouncing the mistreatment of minors with cold showers, with lack of hygiene products and food

During a parliamentary debate, Vice President Oltra was surprised by the harsh tone used to describe, with hair and signs, the bad practices that the Prosecutor and the Administration had detected in the residence of Segorbe. To respond to the accusations of the opposition, which accused her of religious prejudices, the Minister cited entire paragraphs of internal reports in which the young interns said about an educator: "If you do not consent, you will continue sucking dicks all your life" .

This center ended up closing because the congregation did not obtain the renewal of the management contract. In Oltra's environment they deny that the closure was decreed. However, a recent ruling of the Fourth section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Valencian Community considers that the Department of Oltra emptied the reception center without allowing the Capuchin Tertiary Sisters of the Sagrada Familia to defend yourself accordingly. According to the ruling, which has been appealed by the Generalitat, "the plaintiff was deprived of any possibility of defense, but the Department also did not collaborate with the autonomous institution that is the Catalan Ombudsman." In addition, the alleged abuser was acquitted of all charges.

Oltra, however, wanted on November 8 to point out the differences that, in his opinion, exist with the case of Castellón: «They are basically in the center's performance. In the case of Segorbe the center did not report, but the facts were subsequently known through a teacher, ”he said. In this regard, she said that, knowing the facts for which her ex-husband is convicted, the Ministry of Equality «after analyzing the protocol in force in these cases, sent an instruction to all the centers in which it was ordered to immediately inform the Office of Children and territorial address any suspicion. " "The instruction emphasized in informing the Prosecutor because it is the responsibility of assessing possible precautionary actions and other measures," he added.

Asked about whether until then - September 2017 - the Prosecutor's Office was not notified, the vice president clarified that «until then there was no order to say this with the same clarity». "It was acted upon but the transmission of information was done in deferred, not immediately, which is what is clearly ordered to the centers as a result of this case," he said.

In addition, he insisted that the Ministry cannot remove an educator from a concerted center. «The Ministry did not separate anyone in the case of Segorbe. It was the center fired the educator and, in exchange for not paying him compensation, he did not report to the Prosecutor's Office », which the Regional Minister censors. "Unlike what happened in Segorbe, the Valencian center activated the suspicion protocol, temporarily separated the worker and informed the territorial management ," said Oltra.

The judgment of the case, however, does indicate the performance of the director of the center, for not asking the minor for the abuses, and even the psychologist of the Juvenile Section of the Territorial Directorate of Equality, who held an interview of 45 minutes with the teenager in which he asked "open questions" and "did not ask directly about whether he had suffered abuse," says the court.

"As in the case of the director of the center, it is surprising that they not only did not ask the girl about the alleged abuses , but also that she did not realize the Prosecutor's Office for Minors" , sign the court.

Another difference is the non-personalization in this case of the Advocacy of the Generalitat to defend the interests of the minor, something that did happen in the case of Segorbe. In fact, it is the Prosecutor's Office who, in the surprise of not appearing in the case the Generalitat, as guardian of the minor, modifies its conclusions to add the civil liability petition, estimated at 6,000 euros that the convicted person will have to pay to the representative legal of the minor as compensation.

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