Vitoria (EFE).- Doubts arise as to whether Maialen Mazón, the woman murdered last Sunday in Vitoria at the hands of her ex-partner, who had a restraining order for her, was well protected.
The Basque Government Security Councilor, Josu Erkoreka, explained that since January the Ertzaintza knew about the situation of Maialen and his alleged murderer, Jaime Roca. The Basque Police, according to what he said, reported this to the Torremolinos court that issued the precautionary measure.
There were at least two complaints about the alleged murderer in Castellón and another one in Torremolinos, regardless of the distance, for ill-treatment.
Maialen said she did not feel in danger
The woman told the Ertzaintza ten days before her murder that she did not feel in danger and that the breach was “consensual”, according to Erkoreka’s words.
This was stated by the victim to the Basque Police in January despite the fact that the State Security Forces had classified her as a woman at high risk.
The Clara Campoamor Association considers that in view of all these circumstances “something has gone wrong” when it comes to determining the risk she suffered. This Association has made it clear in statements to EFE that breaching a restraining order “is a crime.”
The lawyer for the public prosecution, José Miguel Fernández, is convinced that “something has gone wrong” since the alleged murderer had a restraining order that was not complied with.
The lawyer has described Erkoreka’s statements as “unfortunate”, in which he acknowledged that the Ertzaintza had two contacts with the victim, one in January and another ten days before his death, in which she declared that she wanted to maintain affectivity – with his partner – and that he was “working for the withdrawal of the restraining order.”
Breaking the distancing is a crime
In the opinion of the public prosecution, breaking the sentence is “a crime, regardless of whether she consents.” And it is not so important that the perpetrator of this crime of breach is arrested or not, but that the most serious thing is “the last risk assessment”.
“She came to the Basque Country with a special evaluation – which implies a serious situation – and no measures were adopted here,” the lawyer lamented, something that must be investigated.
Police sources consulted by EFE abound in this approach. They have explained to EFE that breaking a restraining order issued by a court is a crime, no matter how much the victim consents.
In the first years of application of the Comprehensive Law against Gender Violence, approved in 2004, there were disparate criteria in the courts. But the second chamber of the Supreme Court approved a non-jurisdictional plenary agreement in 2008 in which it made it clear that “the consent of the woman does not exclude criminal liability for the purposes of article 468 of the Penal Code.”
And according to that article, those who violate “their sentence, security measure, prison or precautionary measure” will be sentenced to imprisonment from six months to one year if they were deprived of liberty, and with a fine of twelve to twenty-four months. in the other cases”.
The family: Do not look for more culprits
Despite these doubts, the family of the murdered woman has publicly asked that “no more culprits be found than the one who decided to commit this heinous act because it would not be fair or ethical.”
In addition, he has demanded “respect in these difficult times for the family.”
He has also begged the media to exercise their right to information “avoiding sensationalism and unnecessary morbidity. And they have asked for it, mainly because of the minors in the family and especially because of her daughter -Aitana, the three-year-old daughter of the victim who was in the hotel with her murdered mother- the other great victim of this situation”.
The Lehendakari, Iñigo Urkullu, has referred to this murder, which he has condemned in the “most absolute and radical” manner. He has also mentioned the criticism from some groups of the explanations given by the first vice hendakari and Security adviser, Josu Eroreka.
Urkullu has said that “credibility must be granted when an institutional representative assumes the responsibility” of reporting on the degree of knowledge he has of some facts.
In this sense, he has given “absolute credibility” to what the counselor already transferred to him on Sunday and which he later presented at a press conference. EFE
The entry Doubts arise as to whether Maialen was well protected from her murderer was first published in EFE Noticias.