The Swiss State has preventively decided to ignore the Spaniard and return

Verónica Saldaña

the custody of her children, the two eight-year-old twins with whom the woman fled a year ago from Pozuelo de Alarcón (Madrid), and with whom she has remained in search and capture until 10 days ago, when the Swiss Police, at the request of the Spanish, released the minors and deposited them in a public reception center in the province of Neuchâtel.

Despite the fact that the request came from the Court of Instruction 3 of Pozuelo, which investigates the abduction and kidnapping of minors by the mother (and whose judge now does not believe what happened), and despite the fact that the Spanish police authorities believe that the woman uses instrumental complaints to keep the children away from the father,

José Manuel Ortiz

, the Swiss State has decided for the time being that the minors return to Saldaña, who has hired

Olivier Peters

, the lawyer who advised the leader , for his defense

of the CUP

Anna Gabriel

in her flight after the illegal Catalan referendum of October 1, 2017.

Peters, who also obtained a sentence against the Spanish State in the Human Rights Court of Strasbourg for "inhuman and degrading treatment" of the ETA members Igor Portu and Martín Sarasola, authors of the T4 attack in Madrid in 2006, has thus obtained a first victory in the case.

The action of the Swiss Justice has caused outrage in the Investigation Court 2 of Pozuelo, which was the one that launched the Euroorder against Saldaña and who understands, as EL MUNDO has learned, that the court of the Swiss country that has heard the facts It has passed through the triumphal arch to the Spanish Justice and has proposed nothing less than a parallel trial of a case about which it has hardly any information:

the Swiss court itself admits "confusion" in the information with which it has made the decision

, according to the document to which this newspaper has had access.

Despite the fact that the Pozuelo judge issued a search and arrest warrant against the woman, the Swiss Child and Adult Protection Authority, which is actually the Tribunal des Montagnes et du Val-de-Ruz, located in the town of La Chaux-de-Fonds maintains, according to the document to which this newspaper has had access, that it is not linked to what the Spanish Justice has said so far.

This institution, from the outset, sees no reason to distance the mother from the children because, the document maintains, the legal situation of lawsuits between parents in Spain is "confusing."

The court specifically states that the fact that the mother prevents the father from seeing the children is not a reason for them to remain in a shelter.

However, the Authority has commissioned what in

Spain

would be an urgent psychosocial report to assess the situation of the minors, has asked the father to appear in person to find out their motivations and assumes that the mechanisms of the agreement have not been activated

. Haya

, referring to international child abductions, and which would have forced the direct return of the twins to Spain.

Therefore, it is estimated that the Swiss courts would be competent to hear the case.

In Pozuelo, the magistrate who has so far investigated the kidnapping of minors by Saldaña thinks just the opposite, as this newspaper has learned.

However, the Spanish Justice is preparing a new action to unravel the Kafkaesque situation.

The court that was hearing the

Family

lawsuit between the two parents, number 2 of Instruction of Pozuelo, has opened a procedure to communicate to the Swiss court that the custody of the minors is exclusively of the father.

This would be the only way in which Switzerland would be forced to return the minors to Spain and to their parent, according to the interpretation of the Pozuelo courts.

Although given the refusal of his Swiss counterparts to return jurisdiction of the criminal case to Spain, nothing is certain.

While the father is hurriedly looking for a lawyer in Switzerland, if the approach outlined by the Child and Adult Protection Authority is consolidated, it would be a victory for

Saldaña

, who has always maintained, without judicial endorsement or evidence so far, that the abuses of

José Manuel Ortiz

have occurred, and that he has come to attack the judges who did not agree with him, accusing, for example, one from Pozuelo of participating in "orgies" with children in "castles".

In addition, Saldaña has maintained in recent months a position of refusal to

the Spanish State

, like other mothers who have fled with their children, accusing the authorities of not protecting them.

Along these lines, she would have hired

Peters

, who is used to defending positions of this type in

Strasbourg

.

The woman presumes on

Instagram

, a social network that she did not even leave during the year that she remained in search and capture, of already having a partner in Switzerland, and according to the father she would have alleged this roots before the authorities to justify that they return the children. minors.

The

Judicial Police Unit attached to the Plaza de Castilla courts

located her in

Boudry

, a Swiss town 14 kilometers from the border with France, and the Police of the Swiss country complied with the location request by their Spanish colleagues, after The woman remained a fugitive for a year with her children and also with their grandparents.

Now, however,

Switzerland

seems to claim the right to decide whether the Spanish state was acting in accordance with the law when it persecuted it.

Meanwhile, the family of José Manuel Ortiz fears that the situation will mark a turning point in the legal proceedings against Saldaña, and that the father will continue to be unable to see his children.


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