The assisted death of María José Carrasco by her husband, Ángel Hernández, will not be investigated by a court of gender violence. The holder of the court number 5 of Madrid, Begoña López Anguita, has rejected in a car her competence in the case, following the criterion manifested this Tuesday by the Prosecutor’s Office of Madrid after the judge asked him to rule on it, and returned it to the initial trial court. “In the present case there is no type of violence against women,” argues the judge, who affirms that the existence of an “express, serious and unequivocal request” by Carrasco to her husband to help her die is the “essential element to exclude this conduct from the competition” of the courts of gender violence. In the first version of this news was informed by mistake that it was going to be the specialized court responsible for instructing the case.
“I was worried that I had to go to a court of gender violence, with how important that institution is, I was not worried about what could happen to me, going to a court of gender violence would be to discredit the institution,” said Hernández. to the press this morning before participating in a colloquium on euthanasia at the Teatro del Barrio, in Madrid.
Hernandez supplied Carrasco, sick with multiple sclerosis for three decades, a glass with the sodium pentobarbital she bought when she could still fend for herself last day 3, a moment she recorded in a video she made public. The woman, who depended on her husband’s care for everything, had repeatedly expressed her desire to die and hoped that a law of euthanasia would be approved that would allow her to do so legally. Finally, it could not be, and Hernandez was arrested for helping her.
The case fell to this court of violence against women after the past 11, the initial trial court was inhibited to understand that, according to the Supreme Court doctrine, any violent act towards a woman by her partner or ex-partner It must be considered macho violence, in a decision that created great controversy and criticism both from the Government and from the judiciary. The judge of gender violence rejects in his writ that this doctrine of the High Court can be applied “since it refers to different factual assumptions”.
“The common denominator” of the alleged treaties by the Supreme Court “consists in the existence of a situation of violence, in an aggression against women, affecting their own dignity”, the judge affirms, “so this attack is necessary to the physical or moral integrity of the woman on the part of who is or has been her partner or spouse to be in the face of a gender violence case “. According to the order, “the existence of violent and restrictive behavior of women’s rights” is an essential element to determine the competence “of the gender violence courts.
“It is evident that we are not faced with a behavior that involves a ‘physical and psychological violence (…), but that the sanctioned criminal behavior consists in carrying out the will of María José Carrasco, expressed in a serious and unequivocal way of helping her to put an end to his life by suffering a permanent illness difficult to bear or a serious illness, is asking for help to exercise the right to end his life because due to his illness cannot do it autonomously, “says the car. “From a social and teleological interpretation” of the Organic Law against Gender Violence, concludes, “it follows that the help of suicide”, provided in article 143.4 of the Criminal Code, “can not be part of the competencies”
The Public Ministry argued in the same line that there was no situation of “domination and relations of asymmetry and power over women, which shapes and defines gender violence.” For the Office of the Prosecutor, to consider these acts as violence against women is “contradictory” with the aims pursued by the legislator, “besides sending a distorted message to society about what is the reason and content of it.”
Ángel Hernández’s lawyer, Olatz Alberdi, has emphasized the inappropriateness of the case being investigated in a gender violence court. “It was adding a burden to the pain of my client,” he said when he learned from this newspaper about the judge’s rejection, which had not yet been officially notified. “I hope now that the investigating court number 25 agree to continue the investigation,” said the lawyer. Alberdi is confident that the widower of Carrasco faces a sentence of no more than six months in prison, by virtue of the reduction of the sentence established in the case of suicide assistance contemplated in article 143.4 of the Criminal Code.
In the case that the head of the court of instruction number 25, Angeles Velasco García, to whom the case has been returned, persists in that it does not have any jurisdiction either, it must be the Provincial Court of Madrid that resolves the conflict and decides which of the two has to continue with the instruction.