- Silvia, a migrated and racialized woman, was assaulted in May 2018 at the Ertzaintza police station in Getxo, after being unjustly arrested. The trial imposed a mild penalty on an ertzaina, but the woman was also convicted of a crime of disobedience. Silvia wanted to file an appeal with the Supreme Court, but the case has been closed for 'having forgotten' to file an appeal with the prosecutor, according to SOS Racism Bizkaia and Silvia you are not alone.
The origin of the event dates back to May 26, 2018 in Getxo, when Silvia accuses the police of the treatment being given to a homeless person. After a brief discussion, the police arrested the woman and transferred her to the police station, where she was arrested. Silvia was attacked by the Ertzaintza on site, as you can see from the videos recorded by the security cameras.
It is high time the Silvia case was known and the Basque Government abandoned the accusation against Silvia! pic.twitter.com/G1GTLB3e7h
— SOS Racism Bizkaia (@sosracismobiz) February 9, 2022
SOS Racism has accused the system of reactivating mechanisms to "silence" the victim, despite the fact that the violence suffered by Silvia was tested in the police station by video and after six years of judicial struggle.
The prosecutor ' s claim to appeal to the Supreme Court was inexcusable, and without it he has been denied the continuation of the judicial process. The case has been closed and judicial review will not be possible. To denounce the situation, SOS Racism Bizkaia and Silvia are not alone have concentrated this Monday in front of the Palace of Justice of the Basque capital to denounce the situation.
Victim guilty
The trial was held in November 2023. While the Basque Government had placed an attorney on the aggressor agent, Silvia was defended by a lawyer of his own office, who denied him the indictment. Moreover, as a result of a complaint lodged by the aggressor himself, the woman was sentenced to seven years ' imprisonment for a murder offence.
In a communiqué, agents SOS Racism and Silvia are not alone in Bizkaia have pointed out that police investigation and the Department of Security have revealed "disturbing patterns" such as the concealment of videos, the non-submission of photographs of Silvia's injuries, the non-application of the Torture Protocol in Istanbul or the rejection of psychological reports, among others. The ruling states that the woman was detained without any legal justification by the agents of the Ertzaintza. Finally, the Audience of Bizkaia found guilty of a crime against moral integrity and of minor injuries to the aggressor, who was sentenced in a light manner. At the same time, Silvia was found guilty of disobedience to the authority, to which an economic fine was imposed.
This year, Silvia intended to appeal to the Supreme Court to declare his innocence and to allow the agent to be sentenced to a more severe penalty. It will not be possible, however, because the prosecutor has not submitted the appeal in time. "Now, six years later, when Silvia tried to appeal to the Supreme Court the accusation of unjust disobedience, with an “unforeseen forgetfulness” hard to believe: the public prosecutor has not filed a complaint. What a coincidence! Confused, suspicious and dissuasive events again took place.
Racism and "everyday" discrimination
Silvia is not alone and SOS Racism denounces the structural nature of the judicial system: "The prosecutor's 'forgetfulness' is the last chapter in a story that shows that the 'political' protection of security forces, institutional racism, violence against migrant women and inequality in access to justice are everyday realities in our judicial system."