The associations of judges and prosecutors demand « institutional responsibility » after Montero’s criticisms to the acquittal of Alves | Spain

The four associations of judges and the three of prosecutors have requested on Monday « institutional responsibility » after The criticisms poured by the first vice president of the Government, María Jesús Montero, against The acquittal of soccer player Dani Alves of the crime of sexual aggression for which he had been convicted a year ago. The associations have signed a joint statement in which they reproach Montero for their words and ask for respect for judicial independence. « We urge all public representatives to exercise maximum responsibility in their manifestations, especially when they refer to judicial decisions. Criticisms of judicial resolutions are legitimate, but they must be founded and contextualized, since otherwise they can erode the confidence of citizenship in institutions and endangers the rule of law, » says the text.

To criticism has also joined the PP, both by the training leader and other leaders, who have loaded against Montero. « It is not in a position to be the number two of no European government, ”said Alberto Núñez Feijóo in X. The popular spokesman, Borja Sémper, has also stressed that Montero’s statements are“ incompatible with a democratic vision of the rule of law ”and has reiterated that he should resign from his position. A few assertions that have been answered by the first vice president also also in social networks:“ I will not accept lessons or misrepresentation of the PP. What I meant and I maintain is that the presumption of innocence should not prevent us from expressing our rejection that women who are victims of aggressions and machismo are issued systematically. number two The executive arguing that, although his party respects the judicial ruling, it is a « very difficult to digest » sentence.

Montero’s words have agreed to the associations of progressive and conservative judges and prosecutors, a circumstance that, according to sources of the associations themselves, had only occurred twice, both related to a strike convened by the judicial and prosecutor in May 2018. Probably because of that, the statement signed this Monday by the Profession Association of Prosecutors, the Progressive Union of Prosecutors and the Professional and Independent Association of Prosecutors is aseptic compared to most of the pronouncements they sign when they react individually or divided by tendencies (conservative, moderate or progressive). However, the text censures with forcefulness the demonstrations made by the First Vice President and Minister of Finance last Saturday, when she described as « shame » the acquittal of Alves and questioned that the presumption of innocence prevails « on the testimony of young women who denounce powerful people. »

« The independence of the Judiciary is a fundamental pillar of the rule of law, » says the associations, which remember that judicial resolutions are adopted « after an exhaustive analysis of the evidence presented and in accordance with current legislation. » « It is essential that public institutions and representatives respect and support the work of judges and magistrates, avoiding comments that can undermine confidence in our judicial system, » adds the letter.

Judges and prosecutors remember that the presumption of innocence is « A fundamental right » collected in the Constitution and in international treaties signed by Spain and guarantees that no person is considered guilty until their criminal responsibility is demonstrated « through sufficient and obtained evidence according to law. » « Questioning this basic principle can put procedural guarantees and equity in judgments at risk, » they point out.

After the stir that has raised the judgment of the Superior Court of Justice of Catalonia, which considers that the Provincial Court of Barcelona incurred “valuation deficits” by condemning the footballer to four years in jail, the associations of judges and prosecutors also warn about the “importance of protecting and supporting the victims of crimes, especially in cases of gender violence and sexual aggressions”. « It is essential that the victims feel supported and that their testimonies are valued with the seriousness and sensitivity they deserve. This protection must coexist with respect for the fundamental rights of the accused, ensuring a balance that guarantees justice in each specific case, » says the text agreed by all of them.

The position of the associations of judges and prosecutors contrasts with that of the PSOE. « You have to respect (the sentence) but it is very difficult to digest, of course it does not help the victims to denounce. Only 8% of the victims of sexual aggressions denounce and therefore this sentence does not help to favor something basic and fundamental that are the complaints, » Bernabé observed upon arrival at the meeting of the Socialist Directorate in Ferraz. This is not over here. At the end of the executive, in which this issue has not been addressed, Peña has stressed that the judicial process is not over. The socialist spokeswoman has stressed that sexual violence « will not be unpunished » and Spain « protects the victims » after the controversy that has generated the resolution of the Superior Court of Justice of Catalonia by the Alves case. « It is true that contradictory sentences such as these that have occurred do not seem very flattering to give security to all these women victims of sexual violence that what they need is the support of the institutions and also of the legislation, » Peña has abounded, which has remarked the intention of the government to implement 53 places of gender -based violence before the end of the year. The Ministry of Justice has sent to the General Council of the Judiciary (CGPJ) a proposal for Royal Decree that plans to increase by 53 the places of judges and magistrates of gender violence to facilitate that they can assume the instruction of sexual crimes or female genital trafficking and mutilation. The plans of the Minister of Presidency and Justice, Félix Bolaños, consist of the creation of 39 new places in sections of violence over women. The remaining 14 places, which are now dedicated to instruction in general, would be reconverted in specialized. Ferraz sources recognize in private that Montero was not wise and « he got carried away by the cruel of the sentence » although they insist that they do not believe that you have to apologize. In any case, they point out that you will have the opportunity to explain « better » on another occasion.