Protests Erupt in Tenerife Over Military Penal Code Affecting Civil Guard Officer

A protest is set to take place in Santa Cruz de Tenerife this Thursday, organized by the Unified Association of Civil Guards, in response to the Military Penal Code. The demonstration is aimed at supporting a fellow officer who is facing trial for abandonment of residence due to his relocation to the mainland while on non-disabling sick leave.

Details of the Protest

The protest will commence at 08:30 outside the Military Court in Santa Cruz de Tenerife, as announced by the association in a recent press release. This event highlights the growing discontent among civil guards regarding the application of military law to their duties.

Trial Postponements

The trial for the implicated civil guard, who is based at the Las Américas barracks, was originally scheduled for 14 October at the Military Territorial Court No. 5 located in Almeyda barracks. However, it has been postponed multiple times, with the latest date now set for 4 December.

Context of the Case

The situation arose after the civil guard was on sick leave following an accident in the summer of 2024. The Unified Association of Civil Guards asserts that there was no medical contraindication for his move to the mainland, which was made to visit family. This action was in accordance with Royal Decree 274/2018, which allows temporary relocation for family visits under certain conditions.

Despite this, the officer has faced a disciplinary case for what is classified as a minor infraction, leading to charges of abandonment of residence after being reassigned outside the islands. The association argues that this situation infringes on the right to free movement within national territory.

Advocacy for Change

In an effort to address these issues, the Unified Association of Civil Guards has been actively engaging with representatives from various parliamentary groups, including PP, PSOE, SUMAR, VOX, and Coalición Canaria, since September. Their goal is to present the circumstances surrounding the case of the affected officer.

Solidarity Actions

In response to the ongoing situation, the association has decided to hold a protest at the Almeyda Military Court to show solidarity with their colleague. Additionally, they have initiated a campaign advocating for his defense under the slogan “Prisoner of Insularity.” This movement reflects their broader concerns regarding the Military Penal Code.

The Unified Association of Civil Guards is calling for the repeal of the Military Penal Code as it applies to civil guards during their police duties. They express strong opposition to the application of military law in administrative or police contexts, which they argue constitutes the majority of their responsibilities and is disconnected from any military or emergency situations.

Calls for Legislative Reform

The association contends that maintaining the Guardia Civil under the Military Penal Code undermines essential principles such as legal certainty and effective judicial protection, placing civil guards at a disadvantage compared to other European citizens. They are advocating for immediate legislative reform to eliminate the application of military law to civil guards while performing their police functions.

They reference a 2007 establishment that was regressed by a 2016 reform, which they believe has negatively impacted the rights of civil guards and hindered the modernization of the Guardia Civil in line with societal expectations. The association is pushing for changes that would restrict the Military Penal Code’s application to specific scenarios recognized by international bodies, such as wartime, states of emergency, or strictly military functions.

Key points

• The Unified Association of Civil Guards is organizing a protest in Santa Cruz de Tenerife on Thursday.
• The protest is in response to a trial for a civil guard facing charges of abandonment of residence.
• The trial has been postponed multiple times, now scheduled for 4 December.
• The civil guard was on sick leave following an accident in 2024 and relocated to visit family.
• The association argues that the Military Penal Code should not apply to civil guards in their police duties.
• They are advocating for legislative reforms to protect the rights of civil guards.
• The campaign for the affected officer is titled “Prisoner of Insularity.”