Friday, July 1

The Court of Valencia orders to continue investigating whether the Ministry of Oltra protected the abused child in custody




The Valencia Court has ordered to reopen the investigation that was followed by the Investigating Court number 15 for the alleged lack of protection of the Ministry of Equality and Inclusive Policies, directed by Mónica Oltra, on the minor under guardianship who was sexually abused by an educator -ex-husband of the vice-president of the Generalitat- in a center for minors.

The victim’s lawyer requested that the responsibility of several officials of this department, as well as the director of the concerted center, be clarified after the sentence that sentenced the accused, Luis RI, to five years in prison, put into question the management that the regional executive made on this matter.

The Prosecutor’s Office requested the filing of the proceedings, understanding that the conviction is not final, since the convicted person has appealed to the Supreme Court to repeat the trial, alleging lack of impartiality between the magistrates who tried him twice.

However, the Court understands, in a new order, that each process follows a different course and the facts that the minor denounces -the lack of response to such a serious event- “They would be punishable” even if the defendant was finally acquitted.

Both the sentence of the second section of the Valencia Court last March, and the ratification of the Superior Court of Justice in September coincided in pointing out “the hostility and absolute lack of empathy towards the victim” on the part of “who, paradoxically , they were called to protect her ».

In the same way, they questioned the reason why they did not go to the Juvenile Prosecutor’s Office and they chose to practice a «’Parallel’ instruction»Reports were commissioned that “could be motivated by an interest in exonerating or lessening a possible responsibility of the Generalitat” despite the fact that they were “fully aware” that the matter was already in the hands of the Public Ministry.

The magistrate appreciated “a clear confirmation bias in all the actions of said Ministry, based on the initial perception (actually slogan) that the victim is a problematic, liar and even violent girl.” So much so, that “only people outside the scope of the Ministry give credibility to the minor’s story.”

At the moment in which the minor – before the inaction of the center’s management – related what happened to two policemen, the judicial text detailed, “It seems that it is trying to dissuade the agents from bringing the abuses to the attention of the Prosecutor’s Office”. The ruling also stressed that four months passed until this happened, since “the first news that occurred at the center of the events was on February 20, 2017” and it was not reported until June.

According to both sentences, the defendant went to the individual room in which the girl, who was then 15 years old, slept when she was punished for bad behavior. When he thought she was asleep, he would hold her hand and masturbate with it. Something that happened several times between the end of 2016 and the beginning of 2017 at the Niño Jesús Reception Center in Valencia, a private residence with arranged places where the defendant worked.

The defendant had already been sentenced to the same prison sentence for these events in November 2019, but the court annulled the sentence and ordered to repeat the process partially months later due to the existence of two exculpatory reports that had not been taken into account during the first hearing.

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