The magistrate-judge of the Court of First Instance No. 2 of Arrecife and Dean Judge, Adalberto de la Cruz Correa, has explained on Radio Lanzarote- Onda Cero the issues that will be addressed in the conferences organized by the UNED on the latest legislative reforms in civil and criminal matters that begin this Thursday, he has also given his opinion on the controversial 'Only Yes Means Yes' law and the situation of justice in Lanzarote.
With the latest legislative reforms, the conferences couldn't be more topical
We must congratulate the UNED of Lanzarote, which is precisely the one organizing these conferences together with external collaborators, because the truth is that within that title 'Practical conferences on the latest legislative reforms in Civil and Criminal matters' many current issues will be addressed and also with speakers of a very high level. For example, issues related to psychological expert reports regarding minors in judicial proceedings will be addressed.
Have there been changes in psychological expert reports for minors?
In some cases, it is not that there have been reforms, but problems that are occurring in practice are addressed. On the one hand, there have been regulatory reforms in the area of protection for minors, in the area of enhancing the intervention of this type of technician in proceedings in which minors are involved. It is important to address the importance of these psychological expert reports, the credibility of the minor, the assessment by the court. In this case, we have Mrs. Pilar Parejo, who is the Magistrate of the Provincial Court of Las Palmas. Even the director of the Legal Medicinal Institute of Las Palmas, María José Meilán Ramos, will also be there, who will address the issue related to the protocol when we have minor victims. There is a very big problem in the province of Las Palmas, which is the lack of psychologists that we have in the Institute of Legal Medicine of Las Palmas, which is affecting the provision of our services, so much so that we are left without psychologists. As dean judge, I have often demanded that Lanzarote needs its own psychosocial team to be able to work properly by the Courts. Solutions are being sought in this regard by the Government of the Canary Islands, which is the one that has to provide these resources.
What other issues will the conferences address?
The first block would be that of psychological expert reports and minors and then what is intended to be established are two main presentations and a debate table to address some of those issues or other related issues because immediately after that table, a topic that I think is of absolute relevance will be addressed. We will have a lawyer, Mrs. María Ángeles García Hernández, lawyer of the Illustrious Bar Association of Lanzarote (ICALAN) and Mrs. Natali Velilla Antolín, who is a magistrate of the Court of First Instance No. 7 of Family of Móstoles, who will address the issue of the modifications that have recently existed in article 94.4 C.C of Law 8/2021 of June 2, so that we understand what happens with those visitation regimes with parents, when there are indications of domestic violence or gender violence.
And the delegated European prosecutor will also be there
Exactly, because everything we have talked about so far will only be for Thursday afternoon. On Friday morning I think we have even more, and although it is difficult, better. We will address with the magistrate Mrs. Tamara Martínez Esteban, magistrate of the Court of First Instance No. 4 of Arrecife, the issues related to the support of children of legal age and we will also work on something that has cost us a lot to have in Lanzarote, which is the operation of the Family Meeting Point. And that is precisely where two speakers will come in, both Mr. Pablo Ruz Gutiérrez, delegated European prosecutor and former magistrate of the National Court, who will address the issues related to pre-constituted evidence, on the importance of working with the evidence that will be directly valid for the trial phase already in the investigation phase. Also the magistrate of the Second Chamber of the Supreme Court, Antonio del Moral García, will address another of the current issues, which is the consent of the victim in crimes of a sexual nature. The famous 'Only Yes Means Yes' law.
I would like to know your opinion on the controversial 'Only Yes Means Yes' law and the statements made by the Minister of Equality about the judges
I have to very clearly distinguish my role and my functions. I obviously have my opinion as a citizen, which is totally reserved, then my opinion as a judge, which can only be to be prudent when giving my opinion. In addition, all institutions should start from that prudence when publicly pronouncing on these issues, but it also coincides that on my part I am the provincial spokesperson for the Francisco Vitoria Judicial Association of Las Palmas and effectively in that last condition, what I think is that a question that is very important is being lost: institutional respect and respect for democracy and the separation of powers.
On the one hand, the parliament, the legislative power, the Government, the executive power, do their job, draft a law. And then that law, what is the application to the specific case, what is called judging and executing what is judged, corresponds to us judges. We judges express ourselves through judicial resolutions. We do not simply say we have decided this and that's it, but we issue a resolution in which the application of the law to the specific case is reasoned. And in most of those cases, an appeal is possible against that judicial resolution, with which, there is the possibility that higher courts will pronounce on the issue.
It has happened that there are different resolutions that have been pronouncing the revision of the penalties to adapt them to the modifications produced by the 'Only Yes Means Yes' law, some in one sense, others in another, depending on the specific case and the penalty to which the person has been sentenced. Even still remains, and that is why I invite prudence, the pronouncement of our highest court, the Supreme Court. The Francisco Vitoria Judicial Association has condemned the statements of many political leaders in what is configured as a direct attack on the judges themselves, judges, magistrates, who are doing our job. And it is also done on many occasions by being untruthful, referring in this case to the communications of the Observatory on Gender Violence itself, which show that issues are being said that are not true and that what they do is reduce the confidence of citizens in justice.
What is the situation of the courts in Lanzarote? What shortcomings are there?
Well, let's see, I would make certain nuances there, which I always like to be fair, I think because of professional training. Fortunately, we in the Canary Islands know that we have the powers transferred in justice matters, the Autonomous Community of the Canary Islands, the Government of the Canary Islands is the one that provides us with the resources. This is due to the coordinated work between the Government of the Canary Islands and the Court here in Lanzarote, which has achieved many things in the last 4 years.
Currently in terms of resources, the Courts of Lanzarote are at the head of the Canary Islands, together with the Judicial District of Las Palmas and the Judicial District of Tenerife. Are there shortcomings? Of course. For example, the issue of psychosocial expert reports, we have to work on it, but it is a problem at the provincial level. Of course, what I try is that Lanzarote is there and its needs are met. But the truth is that thanks to that coordinated work many advances have been made, but there is still more to do.
What happens with the issue of the creation of new jurisdictional bodies? Because there are many needs in many of the judicial districts of the islands and those that are worse off always have priority. That takes an order because unfortunately the number of courts that should be created at the level of Spain is not created, nor is the number of judge positions that should be called, and that is where the problems come from. If you allow me from experience, the problem of justice is a problem of personal resources, above all.
