• Special: Gender violence

The National High Court has condemned the Ministry of the Interior for the inadequate protection that the Civil Guard granted to a woman who had requested a protection order as a victim of gender violence and who was murdered by her husband a month later.

The court awards compensation to the parents (20,000 euros each) and the two minor children of the deceased woman for non-pecuniary damage (70,000 euros each).

"The actions of the agents in situations of gender violence should not be limited to formal aspects of attention to the complainant, assistance, information on rights and summons to trial, but their action requires preferential attention to assistance and protection of women that they have been subjected to violent behavior in the family environment, in order to prevent and avoid, as far as possible, the consequences of abuse ", affirm the magistrates of the

Fifth Section of the Contentious-Administrative Chamber

.

The events date back to the early morning of September 17, 2016, when the woman requested a protection order against her husband at the Civil Guard post of

Sanlúcar La Mayor (Seville)

.

The petition was denied by the court based on the existence of contradictory versions between the spouses -both presented reports of injuries-, the lack of antecedents of the accused, since the agents classified the risk for the woman as "unappreciated."

The Prosecutor's Office opposed the protection order.

The court understands that a direct and objective responsibility of the State must be considered "to whom it corresponds to give an effective response in order to avoid such result, having to face the damages caused by the operation, even when moral, of the public service."

The Chamber emphasizes that "social and institutional awareness about the importance of the problem of gender violence requires greater awareness than that shown in this case by the Civil Guard" position in charge of the case.

It adds that "in the specific matter, there are enough elements, both in the complaint and in the report of the Olivares Municipal Equality Point, as well as in the judicial declaration, so that a higher level of protection would have been given by the Civil Guard, at least in the follow-up of the case that they left in the hands of the aforementioned point of equality ".

According to the criteria of The Trust Project

Know more

  • Civil Guard

  • National audience

  • Seville

  • Abuse

  • Gender violence

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