26 March 2008

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.