A resident of Almuñécar (Granada) of Romanian nationality stayed for six days in prison for judicial error that caused her to be confused with another woman in search and capture, a traumatic episode that today, four months later, she continues to live as “a nightmare“and for which he has filed a property claim.
The events, his lawyer, Mercedes Fernández, told EFE, occurred in the middle of the past Augustwhen Mirela Stoian, a 38-year-old Romanian citizen who has lived in Spain for 20 years, went to the Civil Guard headquarters in Almuñécar to report the theft of her motorcycle.
arrested
But once there, she was detained because there was supposedly a search, arrest and imprisonment order against her for having taken advantage of a prison permit in Palma de Mallorca to escape, something that she denied from the beginning and she made it known, “desperate “, to the agents and to the lawyer who, in an ex officio substitution, came to sign the requisition.
That lawyer, Mercedes Fernández, confirms that the car included the personal data of her client (affiliation number, NIF, nationality, parents…), but at the insistence of the woman, who demanded help for what she claimed to be a mistake, he tried to make the necessary inquiries before the Criminal Court of Palma de Mallorca, which issued it.
bug checked
Fernández managed to contact the lawyer who once assisted the woman in search and capture, who “despite being on vacation”, corroborated the data and found that it was an error and that the one who was his client was not Mirela Stoian whom they intended to imprison.
The writings presented “urgently” by both lawyers to try to stop the situation were dismissed, and the Almuñécar officials, Fernández explains, told him that they had to comply with that execution, for which Mirela was admitted to the Albolote prison. (Granada), whose director, to whom he related his situation, also intervened when he realized the error and took steps -initially without success- before the jail and the Court of Palma de Mallorca.
request for forgiveness
Finally, Mirela’s situation was dealt with: “The Palma judge apologized to me and attributed it to a computer error,” says Fernández.
That error consisted in the fact that the heading of the sentence (for robbery) that led the woman to prison in search and capture, included the data of her client instead of those of the true defendant and defendant, who did appear in the body of the ruling.
“You only had to view the recording of the trial to verify that the accused Mirela in no way resembled my client,” laments the lawyer, who has filed a previous property claim on her behalf with the Ministry of Justice for the situation experienced.
psychological help
For her part, Mirela, who works as a cook in a bar on the coast of Granada, has stated that the situation continues to be “a nightmare” for her because she still needs psychological help to overcome it and she still feels “overwhelmed and overwhelmed” from time to time. the stress” that he suffered those days.
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“My mother told me ‘you are going out’, but I already gave it up because there is more than one innocent person in jail,” says this woman, who lives with her 15-year-old daughter.
“It just so happened that -in those days- my mother had come from my country to take care of her, because otherwise I could also have been left without custody of the girl,” she says after stating that it is something that no one ever expects to happen to her. .