Protests Erupt in Tenerife as Civil Guard Faces Military Trial

On Thursday, December 4, a significant protest is set to take place in Santa Cruz de Tenerife, organized by the Unified Civil Guards Association in support of a colleague who is facing trial under the Military Penal Code. This demonstration underscores the growing tensions surrounding the treatment of civil guards and their rights within the legal framework of Spain.

Understanding the Charges Against the Civil Guard

The protest will commence at 08:30 outside the Military Court in Santa Cruz de Tenerife. The civil guard in question is charged with abandonment of residence after relocating to the mainland while on a “non-disabling” sick leave. This trial was initially scheduled for October 14 at the Territorial Military Court No. 5 located in the Almeyda barracks but has been postponed multiple times, now taking place on December 4. The civil guard involved was stationed at the Las Américas barracks and had been on sick leave following an accident that occurred in the summer of 2024.

The circumstances surrounding this case have raised eyebrows, particularly regarding the interpretation of the Military Penal Code and its application to civil guards. The charges stem from the civil guard’s decision to move to the mainland for family support during his recovery. This decision, while seemingly reasonable, has led to serious legal repercussions that the association argues are unjust.

Association’s Defense and Legal Justifications

The Unified Civil Guards Association asserts that the relocation was made to seek care from family members and was in accordance with Royal Decree 274/2018, which allows temporary residence in Granada. They emphasize that the Guardia Civil’s medical services confirmed there were no medical contraindications for this move. This assertion is crucial as it highlights the association’s stance that the civil guard acted within his rights and that the charges against him are unfounded.

Despite this, the relocation led to a disciplinary file being opened for a minor infraction, culminating in the charge of abandonment of residence when the civil guard was reassigned outside the islands. The association argues that this action infringes upon the individual’s right to freely move within the national territory without impacting their residency status. They contend that the application of such charges reflects a broader issue regarding the treatment of civil guards under military law, which they believe is outdated and misapplied in this context.

Calls for Reform and Legislative Changes

In light of the circumstances, the association has organized this protest to express solidarity with their colleague. They have also initiated a campaign advocating for his defense, coining the phrase “prisoner of insularity.” This term encapsulates their belief that the civil guard is being unfairly penalized for exercising his rights, and it serves as a rallying cry for those who support reform in the treatment of civil guards.

The association is calling for the abolition of the Military Penal Code as it applies to civil guards during their police duties, highlighting their strong opposition to its application in administrative situations that are primarily police-related. They argue that the current legal framework creates an environment of uncertainty and fear among civil guards, who may hesitate to seek necessary medical care or support due to the potential for punitive actions.

Furthermore, the association is demanding immediate legislative reforms to ensure that the Military Penal Code is no longer applicable to civil guards performing police functions, as was the case prior to a reform in 2016 that they believe regressed the rights of civil guards and hindered the modernization of the Guardia Civil. They advocate for a legal amendment that would restrict the application of the Military Penal Code to civil guards only in specific scenarios recognized by international bodies, such as during wartime, a state of siege, or when engaged in strictly military functions.

As the protest approaches, the atmosphere in Santa Cruz de Tenerife is charged with anticipation and determination. The Unified Civil Guards Association is mobilizing its members and supporters to stand in solidarity with their colleague, emphasizing the need for a fair and just legal system that respects the rights of all individuals, including those who serve in law enforcement.

Key points

• The Unified Civil Guards Association is organizing a protest in Santa Cruz de Tenerife on December 4.
• A civil guard is facing trial for abandonment of residence after relocating while on sick leave.
• The trial has been rescheduled multiple times, with the latest date set for December 4.
• The relocation was made to receive family care and was supported by medical confirmation.
• The association is advocating for the abolition of the Military Penal Code for civil guards in police duties.
• They demand legislative reforms to protect civil guards’ rights and ensure legal equality.