The Supreme Court has urged the Court of Écija (Seville) to decide as soon as possible on the protection order requested by the partner of the deputy of United We Can denounced for mistreatment, Miguel Ángel Bustamante.
After knowing the complaint by his partner for gender violence and mistreatment in the family, Izquierda Unida (IU) immediately suspended the deputy in Congress from militancy.
In an order, the magistrate of the Criminal Chamber of the high court Javier Hernández has demanded that the Investigating Court number 1 of Écija (Seville) decide, “as soon as possible”, on the request of the partner of deputy Bustamante Martín that a protection order is issued for her with respect to the parliamentarian, whom she has denounced for habitual mistreatment.
In a resolution, Hernández, as magistrate rapporteur on the matter, highlights that, while the Supreme Court decides on the jurisdiction of the case, the Court of Écija remains competent, so it must quickly resolve the claim for protection. To do this, he orders the proceedings to be sent to said Court by the fastest possible channel, advancing testimony of them by email.
“No jurisdictional incident can justify an absence of a timely jurisdictional response on the admissibility or otherwise of adopting protection measures in favor of those people who appear as affirmed victims of the justiciable acts,” the ruling states.
The resolution explains that the Supreme Court has received from the Court of Écija the proceedings initiated by the woman’s complaint, “and despite the fact that the referral has not been preceded by the corresponding explanatory report, there is no room for a kind of direct inhibitory referral from the body of instance to the Supreme Court”, given the purpose of the process and the duties of special speed that derive from it, it is agreed to transfer it to the Public Prosecutor’s Office so that it can report on the jurisdiction of the Supreme Court to hear the case.
