In July, the Government approved a modification of the Free Legal Assistance Regulations to exclude professionals convicted of mistreatment from the trade shift specialized in sexist violence, to which these victims have free access. The Minister of Justice, Pilar Llop, said then that it was a “very important” modification that was going to “guarantee” that victims of gender-based violence receive “quality advice”, as they have been demanding for “a long time.” time” women’s organizations. The measure is also extensive to other especially vulnerable victims such as those of crimes of terrorism or trafficking in human beings, minors or people with disabilities.
Two months later, the new regulation has entered into force —this Wednesday, September 28— and the Ministry of Justice and the professional associations maintain differences over its application. In other words, on how to ensure that the professionals who defend victims of gender-based violence and others who are especially vulnerable do not have a criminal record for acts similar to those suffered by these victims. The royal decree establishes that the new regulation “does not entail new administrative burdens” for the bar associations and solicitors and instructs them to “adapt their respective office shifts” to the “novelties” included in the norm.
Professional organizations consider it to be a “wise”, “complete” and “legitimate” measure. However, they complain that it is “difficult” to implement because any solution is “hardly operational in practice.” Last year there were 20,614 lawyers attached to the Gender Violence Service throughout the country. Checking the background of each of them is complex. “Modifications must be introduced in the different Statutes, Free Justice Regulations, Protocols for special shifts of violence against women…”, affirms Eva García Fernández, president of the Equality Commission of the General Council of Attorneys.
The associations are not entitled to access the Central Registry of Prisoners and Rebels, where the final sentences for the commission of crimes are registered. Other options have therefore been explored. Sources from the General Council of Lawyers (CGAE) say they are waiting for the Ministry of Justice to validate the proposed formula —of which they do not offer details— and translate it into a ministerial order. In the Ministry of Justice, however, they assure that “there are already mechanisms to guarantee its application” without the need for further regulation.
In the department led by Pilar Llop, they allude to the prison certificate, which includes all the records, if any. They explain that the schools themselves, free of charge and with the consent of their members, may request them from the territorial departments of Justice, which will issue them automatically. In addition, the members themselves can request it electronically after paying a fee of 3.86 euros. “These certificates are widely used in many areas, and this is one more”, they maintain in Justice.
The problem is that this document contains the entire criminal history of a person, which may entail a violation of the right to privacy by having to communicate other situations that go beyond what is required in the regulations. There are also doubts about how often this certificate should be required from members.
According to Justice, lawyers or attorneys who consider that the criminal certificate is “excessive” can request a certificate from the Central Registry for the Protection of Victims of Domestic and Gender Violence that does not provide more information than is required. The drawback is that it is a process that can take time because there is no automatic service and each request must be processed manually. In fact, the ministry is working on a system that allows the automatic issuance of specific certificates “according to the needs of each moment.” Although they warn that the fact that the issuance of these specific certificates is not automated “does not exempt interested parties from compliance with current regulations.”
In any case, the sources consulted by elDiario.es affirm that, provisionally, some professional associations are choosing to demand a responsible statement regarding their possible criminal record from both the professionals who are now on the specialized trade shift and the to be added soon.
The Free Justice Observatory published annually by the General Council of Spanish Lawyers (CGAE) reports the suspicions of professional organizations regarding this measure. The experts’ recommendations section details that its application “is not exempt from drawbacks”. Likewise, it underlines that it is a professional limitation that should be carried out through a legal and non-regulatory modification and should also affect other professionals who have contact with victims of abuse.
This royal decree derives from a recommendation that the Ombudsman made to the Ministry of Justice at the proposal of a federation of women’s associations. Lawyer Pino de la Nuez, president of the Association of Women Jurists Themis, assures that this measure is an “old claim” of feminist associations. De la Nuez celebrates the reform that, in her opinion, supposes a “plus of demand” that will increase “the level of quality to guarantee the right of defense” of the victims. “It was difficult for us, questionable and not at all fair that convicted comrades with valid records were leading the defense of some victims,” she adds.
Neither the Ministry of Justice nor the Council of Lawyers have figures on the number of lawyers with a history of sexist violence registered in the specific shift that provides assistance to these victims. However, the bar associations and solicitors consider that it is “something residual”. “There was no social alarm but, even so, it is a wise measure,” say sources from the Council of Lawyers. “Casuistry occurs. We saw the private accusations and the judges. Although the figures are going to begin to be known now, ”adds De la Nuez.
Lawyers and attorneys who assist victims of gender-based violence and others who are especially vulnerable are not the only professionals who must justify that they do not have a certain background to carry out their professional work. Since 2016, employees who are in regular contact with minors must prove to their public or private employers that they do not have a criminal record for sexual crimes, either against adults or against children.
In this case, a specific certificate was implemented. This document is issued by the Ministry of Justice after verifying that the interested party is not registered in the Central Registry of Sexual Offenders, which collects the identity and DNA of all people convicted in a final sentence for a crime against freedom and sexual indemnity or for trafficking. of human beings for the purpose of sexual exploitation, including pornography.
