Civil Guard Protests Military Law in Tenerife Over "Abandonment" Trial
The Unified Association of Civil Guards (AUGC) will protest this Thursday outside the Military Court in Santa Cruz de Tenerife, demanding an end to military law's application to Civil Guards after a member faces trial for "abandoning his residence" while on leave.
A Civil Guard association is holding a protest this Thursday at 8:30 AM. They are demonstrating against military law because one of their members is facing trial for "abandoning his residence" after moving to mainland Spain while on leave.
The demonstration will take place outside the Military Court in Santa Cruz de Tenerife, as announced by the Unified Association of Civil Guards (AUGC) in a press release.
The trial, originally set for October 14 and then postponed to November 5, has been delayed again to this Thursday, December 4. It will be held at the Fifth Territorial Military Court in the Almeyda barracks.
The incident happened after the Civil Guard member, stationed at the Las Américas barracks, was on leave following an accident in the summer of 2024.
"No medical reason" to prevent the move
According to the AUGC, the officer moved to mainland Spain to visit and be cared for by relatives in Granada. This was permitted under Royal Decree 274/2018, which allows temporary changes of residence, and the Civil Guard's medical services had confirmed there was "no medical reason" preventing the move.
However, the association states that this led to disciplinary action for a "minor offense." This then escalated to a charge of "abandoning his residence" when he was assigned to a post outside the islands. The AUGC believes this violates his right to travel freely within the country without having to change his official residence.
To find a solution, the association has met with representatives from various political parties (PP, PSOE, SUMAR, VOX, and Coalición Canaria) since September. They aimed to explain the details of their colleague's case.
As a result, the AUGC has decided to hold the demonstration outside the Almeyda Military Court in solidarity with the affected officer. They have also launched a campaign in his defense under the slogan "Prisoner of Insularity."
Regarding the Military Penal Code, the AUGC is calling for it to stop applying to Civil Guards when they are performing police duties. They strongly oppose using military law for administrative matters or duties that are "purely police-related," which make up 99% of their job. They argue these situations are "far from any military context or emergency."
The association considers this situation an "anomaly" in a country governed by law. They say it goes against the "equality and justice" that Civil Guards should experience daily, calling it an "aberration" in a democracy.
They argue that making Civil Guards follow the Military Penal Code violates principles such as legal certainty, freedom of movement, and effective judicial protection. It also puts Civil Guards at a disadvantage compared to other European citizens.
The AUGC is demanding immediate legal changes so that the Military Penal Code no longer applies to Civil Guards doing police work. They highlight that a 2007 law aimed to achieve this, but a 2016 reform was a "huge step backward" for Civil Guards' rights and for modernizing the force, which "society and workers demand."
They propose changing the rules so that military law only applies to Civil Guards in three specific situations, as recognized by international organizations: during wartime, during a state of siege, or when they are performing strictly military duties or are in military contexts.