Friday, September 30

The State recognizes a “global failure” and assumes its responsibility by not protecting two girls murdered by their father


Nerea and Martina were assassinated after a “global and transversal failure” of the State, to which their mother asked for help repeatedly without success. It has just been recognized by the Ministry of Justice and the Interior, which in an advanced resolution by El País and to which this media has had access, they admit “dysfunctions and irregularities” that constitute “a malfunction of the Administration” in the case of Itziar Prats, whose two daughters, aged six and two, were murdered by their father in 2018 without the system would protect them.

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The State is now responding to the claim for patrimonial responsibility that she and her lawyer, Gabriel Rubio, filed, and in which they asked her to assume “the malfunction” of the system that led to the murder of the two girls. The resolution, drawn up by the Ministry of the Presidency, is forceful and dictates that the Ministries of Justice and the Interior must pay compensation of one million euros: 800,000 to the mother and 100,000 to each of the maternal grandparents.

The case dates back to January 2018, when the woman went to a health center in Castellón, where they lived then, with a picture of anxiety produced by the violent attitude of the father of her daughters, who had destroyed the cart a few days ago. the little girl in a fit of rage. The doctor informed the court of the facts, but the proceedings were dismissed. Itziar then began a journey in which he repeatedly denounced fearing for the lives of his daughters in the face of the threats that Ricardo Carrascosa, from whom he was in the process of divorce, uttered against them. Nobody believed her.

Itziar petitioned the court for the suspension of the visitation regime established by the Examining Court No. 7 of Castellón, which was handling the civil process, but the measures were rejected. The State Security Forces and Bodies classified the woman as “low risk” in the VioGén protection system and the court denied the protection order. No one listened to or evaluated Nerea and Martina throughout the procedure. Seven months later, Ricardo Carrascosa murdered the minors in his home, where they were complying with the visits agreed upon by the court, and later committed suicide.

Lost “absolutely” confidence in the system

The department headed by Fernando Grande-Marlaska acknowledges that the assessment protocol then used by the State Security Forces and Bodies, which did not include the sons and daughters of the complainants, “was insufficient” and did not comply with the Istanbul Convention , ratified by Spain in 2014. When Itziar denounced her ex-husband, the protocols were not adapted to this international instrument, something that Interior did a few months after the murder of Nerea and Martina. “This leads to affirming that there have been a series of dysfunctions and irregularities,” admits the resolution, “as the protection needs of minors have not been taken into account.”

Likewise, the Ministry of Justice, headed by Pilar Llop, recognizes “a chain and systemic failure” of the people and services “integrated in the two courts that intervened after the filing of the complaint”: the Court of First Instance No. 7 of Castellón, who was handling the divorce process, and the Court of Violence against Women No. 1 of Castellón, where the complaints were settled. “Neither of the two courts launched any service, nor was any specific and concrete measure or activity taken that would allow its holders to be in the best conditions to adopt the decision,” reads the resolution, which has been prepared based on a report of the Council of State.

Unlike what was held by the General Council of the Judiciary, where Itziar filed a complaint, the opinion recognizes that the fact that the woman desisted from the process at a given moment was not an obstacle to the investigation because once the case is in progress. knowledge of the authorities “these cannot be justified in the attitude of the victim” for not adopting measures. The State also accepts that Itiziar had “absolutely lost confidence in the system” which is “a fact of extraordinary gravity” that “far from being used” to question her, “should make us reflect on the consequences that are derived for women and children subjected to gender violence “.

The The text also indicates that no part of the process after the assessment of Itziar’s risk, which was “low”, found that it was not correct, despite the fact that this evaluation ended up conditioning all subsequent decisions. The process “was carried out without analyzing the protection needs of the minors who were, paradoxically, the only asset that Mrs. Itziar Prats wanted to protect”, and as the claimants maintain, the two girls “and their interests, were not not at all priority “.

The resolution also evaluates the “fluctuating” performance of the Public Prosecutor’s Office, which first opposes the adoption of protection measures but later requests them before the Violence Against Women Court. However, when he denies them, not only does he not appeal the decision, but he opposes the appeal filed by the mother of the little girls. “This hesitant procedure cannot be considered adequate, nor can it be conceptualized as a regular or diligent operation of said body,” states the opinion.



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