The Spanish Civil Services

Hello. Let you please read carefully the following letter. It gives a real image of the Spanish Civil servants and the Administration.
When extrapolated to the Judiciary, results are an unmitigated catastrophe.
This is why this country needs desperately a reinversement of the situation.

As I always said, use an automatic translator if you don't command Spanish.

La ineficacia de las Oficinas de Extranjería

ELENA CASTRO 20/05/2008

Quiero hablar por todos aquellos que callan por miedo a que sus papeles no sean tramitados, por todos aquellos que deambulan con su carpeta debajo del brazo de oficina en oficina y tras largas horas de espera se van a su casa cargados de impotencia e ira sin haber conseguido el papel que les permita vivir, trabajar o estudiar dignamente. Y lo hago desde mi privilegiada condición de ciudadana española.

Hace ya ocho años y medio que Noelia vive aquí en España conmigo en régimen de acogimiento familiar indefinido. Ahora tiene 17 años, es brasileña y llegó a España con un visado de estudiante. En 1999, para obtener la tarjeta de estudiante, pasé toda la noche en vela en la calle de Los Madrazo para que luego la funcionaria, sin mirarme a la cara, me comunicara que me faltaba la tarjeta sanitaria, así que rompí a llorar (fue la primera vez que lloré, y desde entonces lo hago todos los años en las oficinas de extranjería). Nueve años después no hemos mejorado nada, ahora te dan un número de teléfono para conseguir cita, este número comunica las 24 horas del día y al final terminas pasando de nuevo la noche en vela solamente para que te den una cita para dentro de dos o tres meses.

Este año he solicitado el permiso de residencia por arraigo social, permiso que necesito para que Noelia pueda hacer las prácticas de peluquería, imprescindibles para obtener el título. Me deniegan el permiso de residencia alegando que no tengo la patria potestad y me miran como si haber acogido a un niño extranjero fuese un delito.

Aún me queda otra posibilidad: permiso de residencia para menores nacidos en el extranjero y tutelados por un residente. Cuando llego a la Delegación del Gobierno me dan un número, pero esta vez con una letra, la F. Los funcionarios están en una sala contigua, hay ocho mesas, pero sólo están funcionando cuatro. Desde las diez de la mañana la letra F no se ha movido. A la una de la tarde, desesperada, me meto en la sala contigua y le pregunto a un funcionario: ¿qué pasa con la letra F, que no avanza? Hay un problema con el ordenador central, me dice, y que es mejor que hable con la jefa de servicio, ocupada en esos momentos. Son ya las 13.40. Cansada de esperar y a punto de irme, me levanto y pregunto que cuánto tengo que esperar. Justo en ese preciso momento llega la jefa, que ha estado de compras, pues trae unos tiestos con flores y algunas bolsas del súper, y me dice que espere. Yo espero, espero y desespero. A las 14.30, cargada de rabia e impotencia, abandono la oficina con las manos vacías, dejo mi número de teléfono y todas las fotocopias. De nuevo me deniegan la residencia, pues la ley a la que yo me quiero acoger es para menores hijos de residentes, y no de españoles.

Me encuentro ante todas estas dificultades para conseguir que una niña que lleva aquí desde los nueve años pueda terminar sus estudios con los mismos derechos que sus compañeros, desde una situación de igualdad. ¿No es esto un acto discriminatorio?, ¿no es un acto de marginación.

© Diario EL PAÍS S.L. - Miguel Yuste 40 - 28037 Madrid [España] - Tel. 91 337 8200

© Prisacom S.A. - Ribera del Sena, S/N - Edificio APOT - Madrid [España] - Tel. 91 353 7900

Everlasting lawsuits

Yes, the title of this post is very true.
Any reader will note that I am focused towards divorce lawsuits.
This is not an insane mental fixation.Rather is because that showed me with total crudity the cruelty and brutality of the Justice of Spain. Same things/problems should & could be addressed and solved otherwise.

The question is the following: In a separation or divorce lawsuit, if any one of contenders wants, the lawsuit may last forever, so that, until the dead of them.

It may appear as stunnig in plain XXI Ce. But that's the very truth in Spain.
Think about it.

The neverending judicial scandal

Sorry, you'll have to invoke an automatic translator if not mastering Spanish.
For me the question is how to explain that a whole society doesn't react against the rape of their very own liberty and dignity.

Maybe Spain desperately needs a collective psychologic therapy.
Let you take in consideration that 'El Pais' paper, at whom belongs the followig article is one of the system.

EDITORIAL

Cómo se ha llegado a esto

Esas 270.000 sentencias penales sin ejecutar son incompatibles con el Estado de derecho

08/05/2008

Vota

Resultado 148 votos

Comentarios - 11

El caso del presunto asesino de la pequeña Mari Luz, en libertad cuando cometió el crimen de que se le acusa a pesar de estar condenado por abusar sexualmente de su propia hija, tuvo el efecto de desvelar en toda su crudeza, más allá de lo que se conocía o sospechaba, el grave deterioro que padece la justicia penal española. Las demoras o retrasos injustificados en la ejecución de las sentencias penales no son casos aislados, sino un mal generalizado que corroe al sistema penal en su conjunto y que genera una situación de impunidad e inseguridad jurídica incompatible con el Estado de derecho.

La noticia en otros webs

• webs en español
• en otros idiomas

Así lo confirma el informe realizado a raíz de aquel trágico caso por el servicio de inspección del Consejo General del Poder Judicial que cuantifica nada menos que en 270.000 las sentencias penales pendientes de ejecutar en la actualidad. Cómo se ha llegado a esta situación sin que el Consejo del Poder Judicial diera una voz de alarma suficientemente potente como para ser escuchada es algo que merecería una explicación.

Sin embargo, las causas no son un misterio. Este Consejo, que prolonga su lánguida existencia desde finales de 2006, ha estado dominado por una mayoría de vocales más atentos a las cuestiones políticas e ideológicas que a los problemas de la justicia. Tampoco los Gobiernos han estado a la altura de los retos de la justicia, a los que han solido responder cicateramente y con retraso. Predispuestos a gobernar con frecuencia a golpe de Código Penal y a potenciar la opción carcelaria como exclusivo remedio al delito, se olvidan luego de inyectar en el sistema judicial los medios exigidos por esa política. O pasan olímpicamente, como viene sucediendo desde 1995, de poner en marcha las infraestructuras necesarias para que puedan cumplirse las penas alternativas a la prisión -trabajos en beneficio de la comunidad y arrestos de fin de semana- que contempla el Código Penal desde aquella fecha.

El último ejemplo de incoherencia gubernamental en este campo es la reciente reforma penal de Tráfico, en la que las condenas, normalmente, a trabajos en beneficio de la comunidad, no pueden cumplirse por no disponer de plazas en organismos públicos y privados. El castigo adecuado a estas conductas de riesgo abstracto en la carretera -conducir ebrio, sin carné de conducir o a velocidad excesiva- no es la cárcel, sino la pena más reeducativa del trabajo. Lo que no puede ser es que queden impunes.

A este Gobierno parece que le ha tocado hacer un esfuerzo sin precedentes en la mejora de la justicia, aportando más medios donde sea necesario y reordenando profundamente los existentes. Y a esta tarea debe contribuir tanto un Consejo Judicial en plenitud de funciones como una oposición política vigilante pero acorde con ese objetivo. A la octava potencia económica del mundo de la que alardea Zapatero le corresponde una justicia que esté a su altura.

Pearls of the Day

The Council of Europe has approuved a document to prevent suicide in the Continent, asking for high priority for it. The author recognizes that suicide is a taboo, but however in need not to be forgotten.
Suicide is the consequence of sound problems in society. And the Human Rights Commission of that very same Council of Europe could be a little more receptive when citizens appeal to it in demand of protection for their human rights, that, when violated, are one of causes of problems sometimes ended in suicide. It's a pity that, according with past experience, I had had to lost my confidence in it.
In Spain, press is learned to hide suicides. Spanish press is, and always has been, a press of opinion, not a press of information. It do publish the needed to create states of public opinion. Now, they're everyday news the crisis of Justice ( inspiring in the 'citizens' the dream of a kind of fix for that grave problem, who finally don't have occasion to became true ) and the real & supposed violance agains women. Spain is always creating ennemis to focus against them the rage of the people.
From this year 2008 onwards, the Institute of Statistics will not account for suicides ( ¡¡¡ ),instructing forensic reports will have to be inserted under the Chapter... Decease by dead reason ( another absurdity to account ).
Spain do solve problems by simply ignoring them.
Bullying is a cause for suicides. Bullying is increasing in Spain. Judicial bullying also is very strong; particularly towards harmless persons.
Last government created a Ministry for Equality, conducted by a 31 y.o. unexperienced woman ( what a danger ¡ ) with the goal to end resistence of dissidency against discriminatory treatment to men in separation & divorce cases.
Right now, persons ( mostly men ) are sent to prison by being considered presumably guilty. And the principle of presumably innocency simply has... well, not dissapeared because in Spain never had been stated in true.
As stated by the association for Shared Custody, Spain is placed today at pre-democratic level, and near to totalitarian countries.
20 % of Spaniards have a tendance to mental illness, and about 15 % of manpower take drugs.
The President of the High Court of Andalousie suggest revise the Judiciary, because its usefulness... ( horror ¡¡¡ ). He said the Judicial system is updated and useless. In my opinion there are two problems: one, concerning Laws, and another a big problem concerning the civil servants of the Judiciary. As scenary, the Spanish people deprived of their rights, as said in previous posts.

Activism & internet

I know internet since ... about 30 years. Yes, really. Then, there were few people using it. Debates were more serious, and users were more friendly.
Today, internet is a mass phenomenum. Very consumer. There is an overflow of pages, blogs, etc etc...
Of course, most of the info-net is rubbish. And wikipedia is NOT the Bible. Non plus.
However, internet give users the ilusion of have a voice in this World who reduces individuals to silence. Work & consume only.
And I wonder myself about my own rôle here. Because in Spain ( & in the World ), it's true that we have a big problem about Justice ( lack of it ). And and the same time, people, instead of hard work towards fix the problems, write pages in internet calling for assault the winter Palace.
And we know that ONLY action may change thigs. Not words.

Spain; a shame of country . Some 300 Spaniards demanding political asilum.

This is the very truth ( unhappily, I DO know that what they say is true ).

http://www.custodiacompartida.org/content/view/469/53/

Years back ( I'm a veteran in the arena ) I wrote to the Human Rights commission chief, of the European Parliament, an Englishmen of the Labor Party, as per a suggestion of British Nottingham M.P. Imelda Read, asking for an investigation about human rights violations in Spain. It have had about 1996 or so. I dont' remember the name of him. The question was that along several letters, he insisted about the point that 'Human Rights compliance with' ( part of the European Union Act, by been referee the Rome Agreement, 1950 ) fallen under the exclusive domain of the national authorities... What a contradiction... If I claim against a violation of Human Rights made by Spain, how may I appeal to the authors of crimes ? Further, it seemed that 'depending on the case...' Human Rights violations are considered as a purely internal affair ( => impunity ), or not. We have seen military actions ( wars ) under such rationale. So, depending...
I say this is inmoral. Human rights compliance with must not depend of nothing. They are of mandatory observation. Point.

The Divorce Nightmare in Spain

Once in the past I read about some English scholars wondering themselves as per what extrange was the case of Spain that had a very brief moment of splendor and then a very sharp decline even in danger of dissapearing as independent State, and comparing Spain with such Asian States as those set up by Timur, Gengis-Khan and alike.
Well, this cannot be a lesson on History, but some general streamlines may be designed. Until near end XV Ce., Spain was mostly composed by two kingdoms: Castile and Aragon ( Navarre and Grenade were of ligh-weight in the peninsular scenery ). Both of them were relatively advanced for the time, having good universities, bureaucracy, trade and industry. Middle class, professional and merchant was of significant Jewish presence. Muslims in agriculture. But then, it was a great conspiracy leaded by the Catholic Church to empower over America and their goods. Indirectly, Castile was destinated to serve as executor arm of the Catholic policy in Europe. All elements who could prevent the plan were wiped out: Jews, Moorish, Protestants, Liberals...Democracy in Spain dissapeared ( Charles V / I of Spain ) practically annuled the Cortes. Agriculture, trade and industry in Castile sunk, and the country entered in bankrupcy. It began a degeneration process lasting up to date.
Spain is a country were never has been a revolution.
So many time with a lot of problems pending to solve, without being solved, has created a deep background of negative vibrations thatg empoison the colective life.
Only due to their geographic position Spain did survive.
But this very negative background acts upon people difficulting very much interpersonal relations. Spaniards have developped a complex and sophisticated network of defence mechanisms to survive. This made the country very hermetic. And individuals far away from reality. A lot of empty rethoric. Self complaining.
This made rather difficult overcome the heavy heritage of the past.
Here everything became complicated.
There is not interconfidence between people. And then, it's difficult the team work, organization, patience, commitement.

Now it's time to point out a link about divorce, a nightmare. It could be more 'normal', but Spain isn't a normal country. And... pay attention also to the fact that nothing is what it appears.

http://www.custodiacompartida.org/content/view/40/53/

( as always, let you use an automatic translator if not commanding Spanish ).

The seven bilateral agreements between Switzerland and the European Union

It is my understanding that the Swiss Confederation has all the advantages of an de facto adherence to the European Union witout their inconveniencies. Further, European citizens are treated unequally by respect their Swiss counterpart in the social rights environment.
This could make these Agreements as not valid by violating the principle of equivalence and reciprocity.
A demand against them could/should be sent to the European Court.

Curiously, the whole affair of the Seven Bilateral Agreements CH-EU passed almost unnoticed in Europe. Why ?

The False Memory Syndrom

Here is an interesting link to a blog related with the False Memory Syndrom, in Spanish:

http://esperanza-unaverdad.blogspot.com/2008/04/s-que-pronto-estar-tu-lado-te-amo-pap-y.html

Due to the high level of conflictivity of the everyday Spanish life, this issue is very concerning for everyone bearing a minimum of sensibility and concerning for human rigths compliance with, and particularly for all children related, because they are systematically brought to Courts where they are used as weapons against their fathers. Spain is a Judicialized country, and contentious divorce lawsuits may last lifelong until one of contenders got dead.
Really it's necessary to have been living here and have known all that in direct hand, to see until what level of moral and ethic corruption a society may arrive.

The Justice of Spain and me

This article intends to show my turbulent relationship with the Justice of Spain, who opened my eyes about the reasons of the Spain' illness.
I'll advice when complete. Right now, it is in the very beginning... Maybe it will take a little because the flashbacks are terrible.



My first direct relation with the Spanish Judiciary system was about the summer of 1976. I was coming back to Barcelona from Madrid before settle back again in Madrid, where I've got a job. At that time, the national road to Barcelona was not a motorway, as nowadays. Along Guadalajara province, the road ( N II ) was of one way each sens, but wide enough to encourage quite many drivers to surpass under forbidden situations, without enough security distance thru cars coming opposite.
It was a weekend near end of a holiday term, or something like that. The case was that running along Guadalaja province, near the capital, a van ( driven by a Spaniard working in Germany, I think ) was surpassing too speedy, and did struck with another vehicule coming opposite. It was after sunset, and I didn't see much about the accident. It appears it was a serious one. The van causing the accident passed near me scraping the front wing of my car. Several vehicles were involved. The police came soon. I was advertized for go to Court the next day. I told policement that I was in travel, and asked for hotel to pass the night. I was to the city hall, and there some people called some places, supposedly. It resulted that neither in Guadalajara and nearby were a place for me to sleep. Nobody showed interest about me. I had to sleep that night in the car ( a Dyane-6, very uncomfortable to sleep in ).
Next day morning, I went to Court. At about 9:30 h AM. My turn to declare was about 13h PM. The ambiance of the office was desagreable for me. Not serious. Nobody showed consideration for my situation. Employees speak with lumping people at the time they typed writing, while laughing. After 14h, I started travel to Barcelone. I have bad remembrance of Guadalajara since that. Later on, this perception was reassured.
What I see gave me an impression of lack of seriousness.
Time after, I received a letter from the Judiciary telling me that due to an Amnesty ( it was the Spanish 'democracy' after Franco' period ), this case was filed. Therefore, nobody paid me for the damage suffert. Good amnesty, really. The guilty was absolved. Damaged people, remained unrepaired.
------

Next judiciary affair was in 1985. The year before, I signed a building contract with a Company to build up a house in a field of my property, in the surroundings of Madrid. It was agreed a contract in which it was specified all and every building unit, according with licensed project, at its unitary price. Therefore, near the end of work, deviation of planned budget became so high that I called the builder to speak. It have had some minor deviations, but, as stated in the contract, prepaid amounts were considered as sums in advance, pending a final balance, I didn't set up major inconveniences.
I tried, thru negotiations, achieve an agreement. It was a potentially bad situation for me, because a house still uncompleted, if construction is suspended, deteriorates with time rapidly, and then recovery and termination works imply very much money than foreseed.
Works were suspended.
Contract, not complied with by constructor side.
Architects refused to issue the final certificate.
Even one of them told me that I didn't follow on the works properly. It was their duty instead, and was payed just for that.
I appeal to a Lawyer for advice, and he suggest me wait and see. And not negotiate. This very same reluctancy to negotiate appeared in some other future situations. One may think that is good for the Lawyers business that the number of plaintiffs grow and grow.
Some weeks later, I received an open sheet of papers containing a Judicial demand by allegued lack of due payments.
This was the beginning of a long nightmare that I'll write in short here soon.

It was remarcable for me that the full bloc of sheets were delivered in open, so that, it wasn't inside an envelop. Also, the civil procedure Castilian Act states that in case of absence of destinee, the full judicial case in papers have to be delivered to a neighbour. That is a clear violation of respect to the own intimacy. And further, an unsafe deliverance method.
According with the recipient person at the time, the Judicial officer ( Court Nr. 1, Colmenar Viejo, Madrid, Spain ) inspired fear.
Surprisingly, I never declared to the instruction Judge, but to this civil servant instead. He did all the work, supposedly.
It is my understanding that all that is illegal. We had to have declared to the Judge ( Maria Adoración Riera Ocáriz ).
But in my opinion, practically the 100 % of all judicial procedures in wich I was involved or started were aside of legality.

This story will last sometime, because I'll write a little each and every day. I have to do it now that still I can, because the crimes against me have been so seriuos that they must not remain buried in deep silence. In spite the strong pressure and menaces over me to became amnesic forever.

Fear flies around anywhere in Spain. People is conducted by fear. Fear probably is printed in the very basement of mean Spaniard.

So, first duty to accomplish was to hire Lawyer AND procurator. This is because in Spain, pseudo-citizens cannot go directly to Courts, neither self-defense nor self-representation. We are like children, or mentally undicappen people. But not only we need to hire a Lawyer. We need also a Procurator. This late is a person who is a courier between the Judicial office and the Lawyer. The pseudo-citizen has only the obligation to pay. He pay all bills and keep the mouth closed.
For everything concerning with bills, it has been for me a neverending problem. Sometimes by fuzzy statements about total inclusives sums to pay. Lawyer' profession is considered as liberal, and as such, of free budget, agreed by the two sides. However, Lawyers barreaux stablish detailed lists of 'minimum' honoraries to claim to customers. When in the past I claimed to the Barreau of Madrid for a list of honoraires, it was said to me that the document contained that info was delivered only to Lawyers. So, we, pseudo-citizens, are desinformed and undefended. By all sides.
The State has stablished a procedure to get professional Lawyer' services for free. But the conditions are so hard that in practice the solicitor has to be unemployed and without property to qualify. Then, it is the case that some powerful people has the right to free justice because they don't have any property at their very true name, but to relatives or ghost societies.
Also, as was my case, qualifing people don't have will to deliver the due right to free justice. For example, inb my case, when I applied, I made the reasoning that in brut, my salary was xxx, but then, I had to pay three pensions, so my emoluments were reduced to yyy...and also, as I had to leave my house, I had to rent a flat, and then, my earning were reduced further to zzz... Not considered at all.
I have quite often when speaking with Spaniards the feel as if I were speaking to a stone. There are no exceptions, not reasoning, no dialog, no, no, and always no.
I beleive this practice has as goal the but to drive the pseudo-citizen to a situation of quasi total pasivity, and lack of self esteem by respect to his human rights. This is the lost of spoir.
Further, people chat ( and cheat ) a lot. From this judicial lawsuit started in 1985, bad comments were made upon me by Court related people later on, along the procedure of separation ( from 1994 onwards... ).
It was said, and is general beleiving that emotions transmitted when declaring people is a symptom about true or false declarations. In my case, the first time I had to declare, as said, not to the Judge ( as it should ), but to the officer ( a rather sinistre person for me ), I was fear of everything. When I enter in a Court I perceive danger all around, and I know I am in danger. Paradoxally, the house were my rights should be defended is, and was for me the most dangerous place in the country.
This officer lived just in front of the Court, in a solid and well built stone made house. Wall Street was the site. Colmenar Viejo, a village at some 32 km North of Madrid was the place. I'd visited that village previous 1980 or so, to apply at the City House for a licence for construction of a chalet. I have to say that smells of the site weren't agreables to me, as the overall impression. I beleived to 'smell' a
certain odour of corruption and problems. Also, the environment was rather ugly and depressing. I though about how was possible a such backward village at only 32km of the 'capital of the kingdom'. With time, I'll go again to remember that images seen and interpreting them as an admonition.
As I didn't know about Lawyers... I asked to a brother-in-law living out of Madrid, and he recommended a colleague named Ignacio Collantes. In Spain, any Licenciate in Law is considered ready to intervene in Judicial Procedures. That is, no previous experience required.
It was said before that after discrepancies with the constructor of the chalet, he stopped works leaving unfinished it.