The Prosecutor’s Office of the Second Territorial Military Court of Seville has requested a sentence of nine months in prison for an agent of the Civil Guard for a crime of insults to a superior against whom, in a letter, he poured expressions such as that he was “not very clean” and gave off a “fetid smell”.
The addressee of the letter is a commander of the Civil Guard who was appointed as instructor of several disciplinary proceedings opened to the agent for the alleged commission of “serious misconduct” and that she challenged.
In writing, the defendant points out that “every time he has shown himself as an instructor, he has done so in a careless and untidy way, with a bad smell and a very unpleasant sweat ring under both arms, thus staining all the uniformity of this Body and detrimenting it with a fetid odor, being quite unpleasant for the neat insert, “as recorded in the proceedings to which Efe has had access.
Low on stress, “against your will”
The events date back to 2017 when the agent, stationed in Chipiona (Cádiz) and in charge of the area of gender violence, was ordered to lower the risk of a local young woman who had reported threats death and assaults by her partner, to which she refused.
This man, who was arrested, also threatened the Civil Guard and caused damage to his vehicle, for which reason they requested their superiors to activate the protocol for the protection of authorities, according to the allegations of his lawyer.
From that moment on, the accused, “against her will”, was summoned to be evaluated by the medical services of the Command, which, “Despite his frontal opposition,” he issued a leave of absence due to work stress, according to the letter of his defense lawyer to which Efe has had access.
The agent, he adds, has suffered a situation of “harassment and demolition” with the opening of disciplinary files for “very serious misconduct” for his refusal to medical examinations, “without justifying cause,” most of which have been archived.
The Military Legal Prosecutor’s Office of the Court considers that the brief contains “manifestations and expressions of abusive content” towards the officer, some facts that are constitutive of a consummated crime of insults to a superior, foreseen and punished in the Military Penal Code. For this reason, he asks for a sentence of nine months in prison, in addition to suspension of employment, public office and the right to passive suffrage during the time of the sentence.
For its part, the plaintiff’s attorney requests two and a half years in prison and compensation of 15,000 euros for moral damages.
The Unified Association of the Civil Guard (AUGC) has been against the application of the Military Penal Code and, as Efe has been told from the Equality area, this issue could be resolved by suspending the agent with between five days or a month without a job and salary or with the loss of destination, “without the need to take her to jail.”
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