Unhappily, it is.
This is the case of José Luis Rua. In May 2004 he arrived home to find his wife and his mother in law both stabbed to death. In a very brief period of time Jose Luis ceased to be a husband and became the prime and only suspect in the case (mainly because it was easier to accuse him than to look for the real assassin(s)). He was arrested and sent to prison until the Provincial Assembly released him because months of investigation had failed to produce any evidence which could indicate that he was the author of the crime.
In October 2006 a popular jury condemned him to 40 years of prison, on the basis of 5 arguments (not ONE single piece of evidence, only suppositions), 3 of which had been used by the Provincial Assembly to grant his freedom (the rationale of these courts seems totally incoherent!!!).
Long before the end of the trial José Luis had already been condemned by the press (which obviously sells more copy featuring a killer-cop than a man who murders somebody else’s wife and mother-in-law). The jury, influenced by the press, sentenced him without pausing for an instant to ask themselves if they were condemning an innocent man.
Horrified and appalled, we appealed the case before the Higher Courts of Cataluña (is it logical that this body should turn against its own police? Everyone should hence draw his or her own conclusions). These courts incomprehensibly confirmed the sentence.
Our next step was to appeal to the Supreme Court. Our confidence was blind; we believed in justice and trusted that a (supposedly) impartial and fair court would analyze the case disinterestedly, and here we were again mistaken; justice does NOT exist in this country. We were presented with a summary of thousands of pages – who would like to examine it? – and a new confirmation of the sentence, based on supposed evidence which had already been disbarred, its re-use only contradicting the same judicial process, and justified by circumstantial evidence which had NEVER before been brought to bear upon the case (very, very disturbing and UNJUST).
Our last option was the Constitutional Tribune (which examines the violation of constitutional rights) but although our constitution comprehends article 24.2 which postulates the presumption of innocence (this article is precisely that, an article and NOTHING else), the Constitutional Tribune did not even admit the commencement of the appeal procedure because, according to them, no right had been violated. The presumption of innocence (everybody is innocent until proven guilty) is a theory. NO-ONE had proved the culpability of José Luis; on the contrary, the existing evidence points towards his innocence.
Why, therefore, such eagerness that he should be named murderer?
- Society needs a culprit (and if he can be a HUSBAND and a POLICEMAN he holds all the cards).
- The complete failure of the Mossos d’Esquadra to investigate the case. All that they investigated was José Luis; if they had one suspect, why look for more?
- We live in a country where going against the great majority entails confrontation and provokes a marginalization with which most judges have been unable to contend.
What remains to be done?
There is still the European Court of Human Rights in Strasbourg. Who still has hope? Up until this moment we have not encountered anyone with enough courage to even analyze the case. Words fall short to describe the inhuman pain that this man is suffering.
No-one is exempt from the possibility of experiencing a similar fate. This is why I ask you, just for a moment, to put yourselves in the place of José Luis: you arrive home and find the person you loved most in the world murdered, and you are blamed for her death. The fact that José Luis is locked up in prison should be a source of the greatest indignation for every human being. His rights are violated, he is condemned, he is crushed, oppressed, annulled… and what would be politically convenient right now is that people should forget. The case of José Luis undermines the basic security of all human beings.
José Luis has two daughters, Rita and Nora (they were 2 and 5 years old when the tragic events took place). These girls have lost their mother and grandmother, and the “justice” system has deprived them of their father (the pain was apparently not great enough, and to make the suffering even greater – if possible – José Luis cannot see his daughters or communicate with them for the next 5 years). It is terribly sad to think that the aim of the justice system is to hurt him (we still don’t know why), but nobody seems to have considered that this supposed means of protection has a very damaging effect on these two little girls who cannot be blamed for living in such a terribly cruel society. Not one day goes by in which they do not ask for their father.
Until now I have fought “alone” (many of us believe in the innocence of José Luis), but I cannot fight against the Ministry of Justice, the administrations, against the procedures which after 5 years have proven totally useless. The only weapon I have left is to FIGHT ON THE WEB, which I trust will help me to reach out to people, normal people like ourselves, honest, humble, hard-working, noble, good people…
Please enter in the web page and leave your comments and impressions. Vote; send emails to José Luis, who needs your support now more than ever.
If anyone has any doubt as to the innocence of José Luis I will personally answer all and every of your emails (not with words but with documents, some of which will be viewable on the web page). We are transparent, because we have always walked with the truth before us, a practice which is obviously useless when we see that when justice is converted into a mere word the concept loses all significance.
10 minutes in exchange for 40 years of hell. Reflect, think, analyze, and support him, he needs it.
I apologize for having been so lengthy, but it is truly difficult to describe in a few lines the inhuman suffering of these last 5 years.
Some things in life are priceless, such as solidarity (this is a word which still retains meaning for me).
Thank you
Olga Rua (his sister)