The unusual reason why a Cuban with a history of misogynistic violence in Spain has escaped justice

The Provincial Court of Madrid has acquitted a 37-year-old Cuban citizen, accused of violating a restraining order, considering that catastrophic failures in the electronic monitoring system prevented a conclusive determination of his guilt.

The ruling, issued by Section 26 on June 18, has not only exonerated the accused from criminal liability, but also brings to light a particularly serious episode in the technological management of victim protection against gender violence in Spain.

A troubling history of alerts and failures

The case dates back to the months from September to November 2022, when the aggressor -who already had a restraining order in place- was monitored through an electronic bracelet managed by the Cometa center.

The technical reports indicated up to six device separations in a single day, along with multiple battery losses and access to restricted areas, as revealed by the Spanish media Ok Diario.

However, due to a failed data migration between system provider companies, the entire record disappeared.

The representative of the Cometa center admitted in court that he could not provide technical information about the functioning of the bracelet, the protocol followed in case of incidents, or the communication with the defendant, as all relevant documentation had been lost.

This lack of information prevented verifying whether the defendant was made aware of the malfunctions or if they acted deliberately when detaching from the device.

A dismissal based on the technical failure

The judges Eduardo Jiménez-Clavería Iglesias, Leandro Martínez Puertas, and María Cruz Álvaro López unanimously confirmed that the inability to verify the intent behind the multiple incidents prevented the maintenance of the charges.

The ruling emphasizes that, in the absence of data regarding the behavior of the accused, the "subjective element" required to convict him for the violation of a precautionary measure cannot be established with certainty.

The court also considered that the "entries into the exclusion zone" detected could not be contextualized, and that the replacement of the device due to repeated failures on February 23, 2023, was additional evidence that the technical errors were persistent and not directly attributable to the accused.

Despite the fact that the victim received numerous alerts and calls from the Cometa center, the court found that the aggressor did not contact her or physically breach the safety distance, which reinforced the argument that the alarms could have been false.

The victim appealed, but without success

The complainant appealed the first-instance decision, seeking a conviction for continued violation, but the Provincial Court dismissed the appeal in its entirety.

The ruling states that it is not possible to hold the accused—whose identity has not been disclosed—criminally liable without solid evidence to support an intention to violate the court order.

The procedural costs were imposed ex officio, reflecting that the appeal lacked legal grounds in light of the system's collapse.

A paradigmatic case of a national crisis

This ruling is set within a serious controversy in Spain regarding the reliability of the electronic bracelet system to protect women victims of gender-based violence.

As acknowledged by the Attorney General's Office in its annual report, the migration of data due to a change of provider between June and November 2024 caused widespread failures that resulted in an "increase in alert statuses for victims," provisional dismissals, and acquittals, such as the one now confirmed.

Despite the government's claims that "women were protected at all times," the reality is that judicial reports, as in this case, demonstrate that the system failed.

In recent statements, Spain's Minister of Equality, Ana Redondo, has even questioned the existence of such rulings: "It is very likely that they do not exist," she declared, although media outlets like OKDiario have already revealed at least two acquittals directly linked to these technical issues.

The political reaction and the institutional fracture

The opposition did not take long to respond harshly.

Alicia García, spokesperson for the Popular Party (PP) in the Senate, has described the case as "criminal negligence" and has demanded political accountability.

"The victims do not lie. Justice does not lie. The one who lies is the minister," he stated, referring to the repeated statements from the government downplaying the extent of the problem.

Meanwhile, Igualdad emphasizes that the bracelets are under the control of the Police and that "the technology is not infallible, but it works."

However, the very Government admits that there were incidents over the course of five months, although it assures that these have now been "resolved."

Conclusion: When the system fails, justice fails as well

The case of the acquitted Cuban aggressor not only calls into question the ability of the Spanish telematic system to effectively protect victims, but it also highlights a legal and technical gap that could be benefiting the aggressors.

In a system where criminal sentencing relies on electronic data that can be erased or lost, impunity becomes a technical consequence rather than a legal one.

This ruling marks a turning point in the public discussion about the reliability of technological means in the fight against gender-based violence. When data disappears, justice falters, and victims become even more vulnerable, abandoned by a system that is supposed to protect them.

Frequently Asked Questions about the Acquittal of a Cuban in Spain Due to Failures in the Telematic System