Court Rules on Gender Violence Case Involving Ertzaintza Officer Following Gender Change
The 4th Instruction Court of San Sebastián has ruled to transfer a case involving an Ertzaintza officer accused of threatening his wife with a knife to the court for violence against women. This decision comes after the officer underwent a legal gender change and declared himself a woman in the civil registry on September 25, 2023. The ruling stems from an appeal filed by the Gipuzkoa Prosecutors Office, which argued that the case should be treated as one of gender-based violence, despite the officer's recent gender change.
The events date back to August 17, 2022, when the officer, accused of multiple violent behaviors, threatened his wife in front of their two young daughters in San Sebastián's Txomin neighborhood. The prosecutors highlighted a history of habitual psychological violence, which allegedly lasted for three years before the officer's gender change. According to the victim's testimony, the officer displayed increasingly aggressive behavior, including verbal insults, psychological coercion, and even threats of suicide involving his service weapon.
After the legal gender transition, the threats escalated, and reports indicated the officer's excessive alcohol consumption further exacerbated the situation. The judge's ruling emphasizes that all events prior to and following the gender change illustrate a continuous pattern of violence within the relationship, stating, "The registered gender change did not modify their relationship as a couple in any aspect of their common life."
Furthermore, the judge maintained that the dynamic of power and control remained unchanged, arguing that both parties continued to operate under the same roles, and thus, the actions of the former officer could not be artificially separated into distinct identities based purely on registry changes.
The court's decision aims to protect the wife and children from further vulnerability, as the judge noted that the wife had not been adequately informed about the legal implications stemming from her husband's gender change. This lack of information could result in significant risks for both the wife and their daughters, without offering them the opportunity to make informed decisions about their safety and well-being.
The ruling does align with the protocols of the Basque Department of Security, which indicated that the Ertzaintza would process the case under the framework of gender violence. As it stands, the officer—released with precautionary measures—has been removed from the force due to the serious nature of the allegations, irrespective of how they are classified in court.
The ruling can be challenged at the Provincial Court of Gipuzkoa within five days, setting the stage for further legal proceedings in what continues to be a deeply concerning case of domestic violence.
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