A judge files the case against former Constitutional magistrate Fernando Valdés for alleged mistreatment

The judge of the Criminal Court 34 of Madrid, Fernando Orteu, has provisionally filed the case against the former magistrate of the Constitutional Court Fernando Valdés for an alleged crime of mistreatment of his wife at their home that occurred in August 2020. The cause of the file is the state of health of the former magistrate, in treatment for years for a serious illness that has caused, among other complications, cognitive impairment.

The trial for this case was scheduled for May 26, but was suspended in view of the medical reports provided.

The order issued by the court states that, three days before the date of the hearing, it was suspended "in view of the news that the defendant could be in a state of cognitive deterioration and/or supervening dementia."

The coroner's report estimates, according to the judge, that the accused "is unable to appear in court" and that the possibility that he could improve and be able to appear in a short space of time has been ruled out.

Given these reports, both the Prosecutor's Office and the defense requested the provisional filing of the proceedings.

The order specifies that the measure is taken until there is knowledge of an improvement that allows the appearance, or any relevant change in his state of health that may have significance in the procedure.

The events for which the case was opened occurred on August 10, 2020 at the couple's chalet, in Majadahonda.

Two young men who were passing in front of the house saw her wife on the terrace and heard her shout “help”, so they called the police.

They attended the call endowments of the Civil Guard and the local Police.

The wife stated that she had had an argument with her husband, without being attacked, and that she asked for “help” in order to put an end to the episode.

On October 2 of the same year, Valdés's wife confirmed in this version of what happened during her appearance in the Supreme Court, that she took charge of the proceedings due to Fernando Valdés' condition of appraised, since he was a magistrate of the Constitutional Court.

Valdés, for his part, gave a statement for about 45 minutes, during which he "categorically" denied that he had mistreated his wife.

Both admitted having had a strong discussion, which the woman wanted to cut off by going to the terrace of the home.

They added that her husband followed her to the terrace and that, when she saw him arrive, she cried out “help”, which, as she explained, was not a request for help but rather an expression of surprise that he wanted to continue the discussion.

The couple's daughter also gave a statement, supporting her mother's statements.

Valdés and his wife recorded that the same day of his court appearance marked the fiftieth anniversary of their marriage, and that family life had always passed without incident.

Witnesses, meanwhile, said they saw the husband pull the woman into the house, where the dispute continued.

In his description of what happened, Supreme Court Judge Andrés Martínez Arrieta recorded in a writ that moments after the request for help, "from the outside, passers-by perceived sudden movements and blows, which determined an undiagnosed injury in the back of the woman's right hand.

Once the order to open the oral trial was issued, Valdés resigned as a magistrate of the Constitutional Court.

Fernando Valdés acceded to the Constitutional in 2012, at the proposal of the PSOE.

Throughout his work in the Court of Guarantees, he intervened in various cases related to crimes of mistreatment, in which he was characterized by his firmness in the fight against gender violence.