A resident of Almuñécar (Granada) of Romanian nationality remained for six days in jail for a judicial error that brought about her to be confused with one other lady in search and seize, a traumatic episode that right now, 4 months later, continues to dwell as “a nightmare” and for which he has filed a property declare.
The occasions, his lawyer, Mercedes Fernández, advised EFE, occurred in mid-August, when Mirela Stoian, a 38-year-old Romanian citizen who has been residing in Spain for 20 years, appeared on the Civil Guard barracks in Almuñécar. to report the theft of your bike.
But as soon as there, she was detained as a result of there was supposedly a search, arrest and imprisonment order in opposition to her for having taken benefit of a jail allow in Palma de Mallorca to flee, one thing that she denied from the start and she or he made it recognized, “determined “, to the brokers and to the lawyer who, in an ex officio substitution, got here to signal the requisition.
That lawyer, Mercedes Fernández, confirms that the automotive included the private information of her shopper (affiliation quantity, NIF, nationality, dad and mom…), however on the insistence of the girl, who demanded assist for what she claimed to be a mistake, he tried to make the mandatory inquiries earlier than the Criminal Court of Palma de Mallorca, which issued it.
His lawyer
Fernández managed to contact the lawyer who as soon as assisted the girl in search and seize, who “regardless of being on trip”, corroborated the information and located that it was an error and that the one who was his shopper was not Mirela Stoian whom they meant to imprison.
The writings offered “urgently” by each attorneys to attempt to cease the state of affairs had been dismissed, and the Almuñécar officers, Fernández explains, advised him that they needed to adjust to that execution, for which Mirela was admitted to the Albolote jail. (Granada), whose director, to whom he associated his state of affairs, additionally intervened when he realized the error and took steps -initially with out success- earlier than the jail and the Court of Palma de Mallorca. Finally, Mirela’s state of affairs was handled: “The Palma decide apologized to me and attributed it to a pc error,” says Fernández.
That error consisted in the truth that the heading of the sentence (for theft) that led the girl to jail in search and seize, included the information of her shopper as an alternative of these of the true defendant and defendant, who did seem within the physique of the ruling. “You solely needed to view the recording of the trial to confirm that the accused Mirela didn’t seem like my shopper in any respect,” laments the lawyer, who has filed a earlier property declare on her behalf earlier than the Ministry of Justice for the state of affairs skilled.
Psychological penalties
For her half, Mirela, who works as a prepare dinner in a bar on the coast of Granada, advised EFE that the state of affairs continues to be “a nightmare” for her as a result of she nonetheless wants psychological assist to beat it and she or he nonetheless feels occasionally “the overwhelm and stress” that he suffered these days.
“My mom advised me ‘you’re going out’, however I already gave it up as a result of there’s multiple harmless individual in jail,” says this lady, who lives together with her 15-year-old daughter. “It simply so occurred that -in these days- my mom had come from my nation to maintain her, as a result of in any other case I may even have been left with out custody of the lady,” she says after stating that it’s one thing that nobody ever expects to occur to her.