
El senador Félix Bautista le fue ratificado en “No Ha Lugar” en su favor por la Segunda Sala Penal de la Suprema Corte de Justicia (SCJ) ante las acusaciones de corrupción y desfalco contra el Estado por parte de la Procuraduría General de la República mientras estuvo como director de la Oficina Supervisora de Obras del Estado (OISOE). Santo Domingo, República Dominicana 21 de octubre, 2015 Foto: Orlando Ramos
SANTO DOMINGO.- La procuradora general, Miriam Germán Brito, prohibió a todos los fiscales del país que conocen de violencia de género levantar “actas compromisos” que dejen en libertad a agresores en los casos que reúnen una serie de características que alertan a las autoridades sobre un potencial feminicida.
“Queda totalmente prohibido levantar `actas compromisos` en materia de violencia feminicida”, plantea Germán Brito en una instrucción general impartida a todo el cuerpo del Ministerio Público en la que advierte, además, que se trata de una postura que “deberá permanecer invariable”.
“A pesar de que la víctima -como consecuencia del Síndrome de la Mujer Maltratada o la indefensión aprendida- quiera establecer un acuerdo, es importante tener en cuenta que para acordar, el consentimiento de las partes no puede estar viciado y una mujer que tiene su vida en riesgo frente a su verdugo agresor carece de libertad para convenir al margen de las secuelas que deja la violencia feminicida”.
La medida adoptada por la procuradora busca reducir el riesgo de tragedias en el entorno de hombres con relaciones tóxicas con sus parejas o exparejas e incluso con su ámbito familiar. Se trata de una decisión firme que deberá facilitar el apresamiento -y hasta persuadir en muchos casos- a hombres como los responsables de matar a decenas de mujeres cada año en los casos de feminicidios y feminicidios no íntimos.
La instrucción general obliga a los fiscales que reciben denuncias de mujeres maltratadas a evaluar un conjunto de indicadores de riesgo relevantes en los conflictos de violencia con potencial feminicida, empezando por “los antecedentes de violencia de género de los imputados”.
Otro indicador será la existencia de multiplicidad de denuncias contra el hombre agresor. Además, las señales de alertas que vinculen al imputado a crímenes graves como el sicariato, el maltrato infantil, el consumo o tráfico de drogas o el porte y tenencia legal e ilegal de arma de fuego.
El tipo y la forma de las heridas o golpes propinados a la mujer serán otros indicadores en los que tendrá un alto significado de riesgo las agresiones en el cuello, la caja torácica o en las manos.
Serán señales de alertas para los fiscales las amenazas de muerte, la violencia de género en compañía de delitos sexuales o los actos de tortura y barbarie.
También, la violación de la orden de protección por parte del imputado. “Cuando se comprueba o detecta que el imputado incumplió la orden de protección, esto es un indicador de riesgo feminicida y de irrespeto a la ley, es un desafío a la autoridad”, advierte la instrucción general de Germán Brito. “El agresor evidencia con su conducta que no acata las disposiciones judiciales y que representa un peligro inminente para la víctima”, añade.
Los indicadores llaman la atención sobre la violencia ejercida en presencia de hijos menores y el hábito de consumo excesivo de alcohol o sustancias controladas por parte del agresor.
En lo adelante, las armas de fuego de hombres implicados en un caso de violencia intrafamiliar y sexual serán retenidas por las autoridades, sin importar que la porten en forma legal, “especialmente cuando este ha sido parte de la violencia o amenaza infringida”.
La instrucción general de la procuradora establece una serie de directrices a tomar en consideración en los casos de violencia de género intrafamiliar y delitos sexuales que reafirman el rol del Ministerio Público y la participación de la Policía Nacional en la investigación de los feminicidios.
Además, instruye a los fiscales para que gestionen la prisión preventiva de los hombres agresores en los casos de violencia de género, ya que más que el peligro de fuga, el riesgo lo constituye la permanencia forzada del imputado en el entorno familiar y de la mujer denunciante.
Los miembros del Ministerio Público también tienen la obligación de apelar la decisión, en los casos que lo ameriten, cuando un juez disponga la variación de la prisión preventiva para un hombre agresor. Además, mantener un seguimiento estricto de los procesos por violencia de género.
“Cuando una víctima desiste de su denuncia o proceso, esta acción para nada compromete el accionar del Ministerio Público, que debe procurar siempre, aparte del testimonio de la víctima, otros elementos probatorios por si se produce tal circunstancia”, advierte la magistrada Germán Brito.
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