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Child Custody Domestic Violence False Allegations Istanbul Convention Law & Justice Legal


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D. Jesús Muñoz

Dª María Legaz

National Association for Assistance to Victims of Domestic Violence (Asociacion Nacional de Ayuda a Victimas de Ayuda de Violencia Doméstica)

24 January 2023

The passage of the LIVG, the comprehensive law against gender-based violence, in Spain in 2004 has led to the violation of the fundamental rights of all heterosexual citizens, especially loss of the “presumption of innocence.”

The socialist party, from which this ideology of copyright criminal law
originated, had on the table, according to public statements by one of its proponents, safeguarding the protection of victims or the presumption of innocence. They opted for the protection of victims, destroying the “presumption of innocence” for hundreds of thousands of men in the past 18 years.

The gender violence law is based on the study of the Minneapolis mandatory arrest law.

From 2004 to 2022, there have been more than 2,260,000 judicial
proceedings, with more than 1,705,000 defendants ending up being declared innocent. This means that innocent people have been prosecuted with public money, depriving them of their liberty. By applying Article 544 TER of the Ley de Enjuiciamiento Criminal, they have been separated from their children, with jail detentions of 24 and 72 hours. These detentions normally take place on weekends, beginning on Fridays, so the man spends the whole weekend in a jail with deplorable hygienic conditions. The man is in a state of shock, not knowing why he has been deprived of liberty, expelled from his house with only what he was wearing. and deprived of his children’s visitation regime.

An average of more than 455 men are arrested every day in Spain for allegations of gender violence, based solely on the word of a woman. An average of 160,000 men are prosecuted each year as terrorists. Year after year, it has been shown that more than 80% of them, who have been deprived of their liberty, are declared innocent, according to data from the General Council of the Judiciary.

Hundreds of billions of euros are spent in Spain, coming from the European Union, squandered by political parties. As an example, between 2014 and 2016 the Junta de Andalucía spent a whopping sum of more than of 66,000 millions of euros.

The European Union allocates €366 billion a year to addressing gender violence. None of these grants are audited.

An estimation of the costs of gender violence in the EU, according to a study carried out by the United Kingdom, estimated that Spain received from more than 24,000 million euros in 2012. With these funds, networks of feminist associations related to political parties have been created, which obtain economic revenue through their gender ideology.

The Spanish gender violence law is based on author’s criminal law, as
stated on page 92 and 93 of the CGPJ’s, LIVG draft report and
Constitutional Court Judgment 59/2008, dated July 4. The Particular
vote of five magistrates, including Judge Jorge Rodríguez Zapata, states
in writing, on folio 25 of the sentences, that this law would make the
dreams of Edmund Mezger, German jurist from Nazi Germany, come true.

He writes in the seventh paragraph:

“Finally, I express my wish that this Judgment not to be the
beginning in our order of the fulfillment of Mezger’s dream: two
Criminal Laws; a criminal law for the generality, in which, in essence, the principles that have governed up to now will remain in force. And, along with it, a completely different criminal law, for special groups of certain people. I leave a record of my position in this Vote.
In Madrid, on May fourteenth, two thousand and eight. Jorge
Rodriguez Zapata Perez. -Signed”.

In addition to this, a renowned member of the Socialist party and expresident of the Spanish Government, Alfonso Guerra, publicly declared that he spoke with an acquaintance of his, who had been the president of the Constitutional Court in 2004, who confirmed to him that the seven magistrates who approved the unconstitutional law, that they did so under pressure from feminist lobbies, and from the socialist party of José Luis Rodríguez Zapatero:

Alfonso Guerra reveals the pressure on the TC on the LIVG.

In Spain we are suffering from what Poland and Hungary already warned about, which is why they withdrew from the Istanbul Agreement.

If we add to this, that the socialist government subsidized women’s allegations with public money, since the higher the number of allegations, the more women are declared mistreated and the more
money the feminist associations receive. So says the BOE of 2005, Number 215 on page 30453.

Currently, in addition to all of the overhead, a lot of women in a divorce or children custody proceeding, profit from Articles 92.7 and 94 of the Civil Code. These women use the gender violence law so that fathers cannot fight for joint child custody. And with article 94, during the investigation and judicial process, the man is deprived of child visitation rights, despite the fact that 80% of them are eventually declared to be innocent. You can imagine the ordeal they suffer, when one to five years can pass without being able to see their children.

ANAVID asks that all of these discriminatory laws, which violate constitutional, fundamental and human rights, be repealed. These laws are destroying the lives of men, children, and entire families, and are not protecting the truly mistreated women. We demand laws that protect and punish all people equally, regardless of sex, age, ethnicity or sexual orientation.

Furthermore, we ask that any person declared innocent, that had been
deprived of their liberty to be compensated with €600 per day and for
those who have suffered a restraining order being found innocent, we ask for a compensation of €110 per day.

Note: The original Spanish version of this statement is available on the ANAVID website.