The family of an elderly resident of the Bouco Carabanchel center, in Madrid, has filed a complaint with the Prosecutor's Office against the director of the nursing home, José Manuel Mestre, to whom they attribute "a presumed crime of coercion" considering that he violated her "freedom of expression" after she warned other users about the "precariousness" of the service.
As detailed in the complaint, to which Europa Press has had access, the relatives describe the "expulsion" of the user as "intimidating acts," which they interpret as a "pressure measure on the relatives to restrain them" and force them to "cease, against their will, their freedom of expression."
The events date back to March 24, when the woman's son distributed an "informative" note among other relatives of residents explaining how to file complaints about the "precariousness of the service." According to the account of a relative to Europa Press, during her stay the elderly woman had suffered "head injuries, fractures in the same arm, and bruises."
The next day, the user, described as "vulnerable and dependent," received a communication informing her of her expulsion within 15 days. Her son interprets this decision as an "act of reprisal" for exercising her "right to freedom of expression," which is why, together with the Pladefma Platform for the Defense of the Elderly, he has decided to report the center's manager for "a presumed crime of coercion and illegality."
In the complaint, the family emphasizes that Law 12/2022 on Social Services of the Community establishes that "a user can only be expelled from a center when they commit a very serious infraction," circumstances that, in their opinion, "have not occurred."
Action by the Community of Madrid
In April, the Community of Madrid agreed to open an investigation into the Bouco Carabanchel residence following the "warning" to the user. The Ministry of Social Affairs, Family and Youth announced that it would carry out the "necessary" inspections to "make decisions" and stressed that no expulsion had been carried out.
Despite this, the resident's family members have criticized that the regional government's response was reduced to "a request for a suggestion." For this reason, this Thursday they will submit a new document to the Inspection to request the opening of a sanctioning procedure for the "illegal action of the director." In that same document, they will also request the "precautionary separation" from the position he holds to "avoid serious harm to third parties."
Sources from the Ministry headed by Ana Dávila have indicated to Europa Press that the residence located in the Carabanchel district has kept the elderly person in their spot, so "no infringing conduct has been appreciated."