The Investigating Judge 2 of Logroño, through an order to which Diario LA RIOJA has had access, released provisionally last Tuesday the alleged sexual attacker of the young woman from Albelda de Iregua because “there are no more parties in person than the … Prosecutor’s Office and the person under investigation, with only the public prosecution supporting the precautionary measure in question. This means that, as the victim still lacks a defense lawyer today, not even ex officio, no one has requested on his behalf that the provisional detention without bail decreed on April 9, when the alleged aggressor was arrested after a month in search, be maintained. and capture, and ratified on April 12.
According to the family of the 28-year-old girl who has been attacked three times this year in Albelda, she does not have a lawyer due to lack of financial resources and if she has not been able to access one ex officio it has been due to a bureaucratic procedure. On the other hand, the accused, with an extensive criminal history, requested her release, to which was added a letter from the Public Prosecutor’s Office in favor of his request, although establishing precautionary measures.
“Provisional detention cannot be agreed upon or maintained without one of the parties in the procedure requesting it, so that the precautionary measure must be left without effect until the agreed date,” the judge states in the order, clarifying that, although there have been diluted some of the evidence, this does not mean that suspicions of the authorship of a crime of sexual assault with violence are not maintained, which is why a restraining order was agreed upon, as with the alleged aggressor last Monday on the same victim. of 300 meters on the woman and the prohibition of entering Albelda.
“Provisional detention cannot be agreed upon or maintained without one of the parties requesting it,” says the judge.
In the case of the alleged sexual offender, he is also prohibited from leaving the country and communicating with the victim by any means, even through third parties. In this sense, the judge urges the Security Forces to proceed to comply with the resolution, adopting “the measures they deem appropriate, giving protection to the victim in the event of a request for assistance.” As both the family and the mayor of Albelda recognized this week, the presence of the Civil Guard in the town is constant.
When the Government Delegation in La Rioja was consulted by this newspaper about why a personal protection system has not been activated for the Albelda victim, it is reported that the woman remains within the VioGen system although, “in this case, the aggressor “The one who entered is not near the victim and remains located.” The young woman’s ex-partner was the one who attacked her for the first time some time ago and she remains in jail for other reasons. And the family believes that the new attacks are part of the coercion to withdraw the complaint against him. «The new attacks are not considered gender violence because she has not and does not maintain a romantic relationship with them. “It is another type of violence, not gender,” explains the Government Delegation, which specifically has a Gender Violence Unit.
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