A PROPÓSITO DEL ABORTERO MORÍN
Hoy, 31 de enero de 2013, día de San Juan Bosco, la Audiencia de Barcelona ha absuelto a Morín y sus secuaces del crimen de aborto. Ello significa, en la práctica, que el aborto provocado no se castiga ni se castigará nunca en España. Pase lo que pase. Sean cientos o miles. Sean cuales sean los supuestos legales. No importa la minuciosa investigación periodística europea de años, ni las pruebas aportadas ante los jueces, ni las trituradoras con ADN humano halladas en sus clínicas, ni los casos minuciosamente seleccionados para que fueran realmente ajustados a la ley, ni los fetos de 7, 8 ó 9 meses de gestación, ni los 300 años que pedía el fiscal. Nada. No hay en España ningún juez que tenga la hombría de castigar lo poco castigable que permite la laxa legislación española.
Ya sabíamos lo de la relativa aceptación social del aborto. Ya sabíamos que los fiscales casi nunca acusan de estos crímenes. Que la policía científica apenas investiga en los abortorios. Que los legisladores han siempre tomado el pelo a los defensores de la vida. Que el ejecutivo mira hacia otro lado cuando se trata de los abortos. Que la maternidad se protege casi nada en España. El caso Morín fue un escándalo tan grande, que hasta la prensa, el colegio de médicos y la opinión pública se conmovieron en su momento: ¡no se podían tolerar unos crímenes como aquellos! Pero, nada, no pasa nada.
Me muerdo la lengua y no suelto exabruptos porque represento a todos los médicos católicos del mundo y la Iglesia no se merece que exprese lo que desearía. Como cristiano no puedo maldecir a los jueces que han visto este caso: se han maldecido solos. Solo espero que el Señor de la Vida ponga cordura en este país nuestro.
Dr. José María Simón Castellví
Presidente de la FIAMC
By Daniel Foggo in Barcelona and Charlotte Edwardes
12:01AM BST 17 Oct 2004
A judge is to be asked to institute criminal proceedings against the Spanish clinic which was exposed as carrying out illegal late abortions on hundreds of British babies.
A denuncias – the Spanish term for an accusation of criminal activity – will this week be laid against the Ginemedex clinic in Barcelona, citing the extensive video and audio evidence collected by this newspaper, proving that it is flouting abortion laws.
The judge will decide whether to order a full police investigation into the scandal, which was uncovered when staff at the clinic agreed to carry out an abortion on an undercover reporter who was 26 weeks, or almost six months, pregnant, even though both she and the baby were healthy.
The clinic said it would falsify medical notes to say that she had suffered a “gynaecological emergency” and that it was prepared to carry out such terminations up to 30 weeks.
The charge will also contain a reference to the British Pregnancy Advisory Service (BPAS), the NHS-funded charity that “fully recommends” the Ginemedex clinic to British women wanting late abortions without a medical reason. Under Spanish law, women more than 22 weeks’ pregnant can have an abortion only if their physical or mental health is at “serious” risk.
The legal move against the clinic is being undertaken by Josep Miro i Ardevol, a former Catalan government minister who is the president of E-Christians, a Catholic think-tank. “This charge will be brought mostly on the evidence, which our lawyers believe has a lot of weight and therefore has a strong chance of resulting in a conviction,” Mr Miro said. “But it will not only rely on that since there have been suspicions about the Ginemedex clinic practising illegal late abortions for some time now.
“It is possible that BPAS can also be prosecuted under Spanish law because of their recommending the clinic to British women. They might claim that they didn’t know the clinic was operating illegally, but ignorance is no defence.
“They must have a reason to keep recommending it again and again. The British authorities have a responsibility to look into BPAS to look for any kind of financial exchange or commission.”
Inquiries by this newspaper have uncovered a number of recent concerns regarding Ginemedex’s fitness to practise, which contradict statements last week by Ann Furedi, the BPAS’s chief executive, that the clinic’s reputation was spotless.
Dr Ramon Tanda, one of the clinic’s doctors who was filmed during the undercover investigation preparing to abort the foetus of the reporter for €3,200 (£2,212), refused to comment when approached outside his flat in a Barcelona suburb. “I have nothing to say at all,” he said.
Catalan government health officials confirmed last week that Ginemedex’s licence to carry out abortions had been withdrawn for almost two years, between July 2002 and April this year, because of concerns over “environmental” factors, such as the disposal of its waste and other hygiene issues.
After this newspaper’s expose – which was picked up by the Spanish media – the Catalan department of health has now launched a new investigation into the clinic. Last week it sent an inspector to Ginemedex to inspect its paperwork.
Rafael Manzanera i Lopez, the department’s director, said the matter would be investigated further including the use of copies of the audio and video tapes and transcripts of the pregnant reporter’s conversations with Ginemedex staff.
On the video and audio tapes, Ginemedex staff are heard confessing that they are willing to carry out late abortions without the necessary medical reasons by forging documents to make it appear that the women had urgent gynaecological problems. They also state that up to eight out of 10 of their clients are British and most are referred to them by BPAS.
Mr Manzanera said: “I am already liaising with the British ambassador in Madrid and the consul here in Barcelona and of course I will look at this new information and act on what I see.
“If there is any falsification of documents, then it is a criminal matter and it is out of my hands,” he said. “That is a very serious crime and a matter for the police. If there is a prosecution brought, then my department will strictly seek to comply with the law.”
Campaigners have long suspected the Ginemedex clinic of carrying out illegal abortions. In October 2003, a legal attempt was made to stop a symposium on abortion held at Ginemedex – and two other clinics run by the Barnamedic company that owns them – because of suspicions that illegal late-term terminations were being carried out.
A report from the symposium, which was open only to abortionists, said that over the course of one weekend, 51 foetuses of gestations varying from a few weeks to more than 26 weeks were killed. At Ginemedex itself, 15 women had foetuses aborted by doctors.
The attempted injunction, brought before a judge – who is the equivalent of a British magistrate but with more authority – by anti-abortion campaigners, including the Medicos Cristianos de Cataluna (the Christian Doctors of Catalonia), was rejected for lack of evidence because it could not be proved that the terminations had not been medically justified.
Dr Josep Maria Simon Castellvi, the president of the Christian doctors’ group, last week hailed The Telegraph’s investigation as “a spectacular breakthrough”.
He said: “We have suspected for at least two years that Ginemedex and other clinics in the Barnamedic group are carrying out illegal late-term abortions but getting the evidence proved harder than showing that weapons of mass destruction exist in Iraq.
“It had proved impossible for us to get proof. Thanks to you, however, now we have it.”
When approached last week, staff at Ginemedex claimed that they had done nothing illegal.
Remedios Valls Herrero, the clinic’s head of administration, added: “If they are going to try to prosecute us they can go ahead. We don’t care. We have not changed any of our practices.”
Ms Valls also said that the owner of the clinic, Dr Carlos Morin, a Peruvian, was not prepared to speak to The Telegraph.
A report broadcast Sunday by the Danish TV station DR, using video recorded by a hidden camera in the Emece clinic in Barcelona, a clinic which forms part of the CBM group, suggests that the centre is conducting illegal abortions on pregnant women – from different parts of Europe – of more than six months.
According to the report, which used video footage taken one month ago and which was also sent to the EFE news agency, the centre is systematically and fraudulently using a legal clause in Spain which allows abortions without time limits in cases of serious mental or physical risk to the woman.
In the documentary which was broadcast, a Danish journalist, 30-weeks pregnant, contacted the clinic in Barcelona and, without revealing her true identity, travelled to the Catalan capital accompanied by another journalist of the station, who pretended to be her friend, after the Danish health authorities had denied her an abortion.
In the Barcelona clinic, they met with the director of the centre, Dr. Carlos Morín, who assured them that he received patients from countries such as France, Great Britain, Holland, Germany and even Australia, and that the procedure was legal and carried no risks for the mother.
Morín explained before the hidden camera that the foetus is injected with dioxin, a substance which is used to treat cardiac illnesses, which makes the baby’s heart stop before being extracted from the uterus.
The female journalist, who alluded to the break-up with her partner being the reason for the abortion, was asked to fill in a questionnaire about her physical and mental health.
Then, she is submitted to three psychological tests, being told that the only way of having a legal abortion [under these circumstances] is to allege physical or mental problems, in spite of the fact that she had already stated during an interview that her health was ‘good’.
The clinic director signalled that the application was only a matter of ‘bureaucracy’ and, in a later interview, told the pair that all was in order and the price of the operation would be €4,000.
Minutes later, the journalist returned to the clinic to reveal her true identity and was accompanied this time by a television camera, asking for an interview with Morín, who was now saying that the operation had not been authorised and that another psychological test was needed.
He continued to attest, however, that the abortion was completely legal, before bringing his conversation with the journalist to a halt after receiving a call on his mobile phone. He then asked the journalists to leave the clinic.
The TV documentary also features the testimony of a young Danish woman, whose identity and face were hidden from view, who affirmed that the same clinic performed an abortion on her in 2004, when she was 26 weeks pregnant, in exchange for €4,000.
The report also includes testimony from José María Simón Castellví, president of the Federación Internacional de Asociaciones Médicas Católicas (FIAMC), and of Jesús Silva, professor of criminal law at the Universidad Pompeu Fabra in Barcelona.
Simón Castellví denounced the existence of ‘abortion tourism’ in Spain, which over the past ten years has seen ‘thousands of Europeans’ travel to Barcelona to undertake an abortion, ‘many’ of which were illegal, labelling Morín as ‘the king of abortions’.
In the opinion of Silva, the application process ‘was a theatre, a lie with false tests,’ and that ‘it was fraudulent in Spanish law and as a whole,’ and should – in the cases of illegal abortions being carried out – imply prison sentences and the disqualification from practice of those involved.