As reported by the General Council of the Judiciary itself (Friday, May 13, 2016), the Fifth Chamber of the Supreme Court considers that the Military Court has violated the right to effective judicial protection and the presumption of innocence of the appellant by making an unreasonable assessment of the evidence as a whole.
The Military Chamber of the Supreme Court has annulled the sanction of four days of suspension from duty imposed on a civil guard because it was not accredited that the expressions and images that appeared in the presentation of his ‘whatsapp’ referred to the low grade that his superior had obtained in the course of the Scale of Officers of the Civil Guard.
It considers that the self-incriminating manifestations of the sanctioned agent before the Chief Captain of the Company of B., to which the Post of C. de S. C. belonged, cannot be taken into account because he was not informed of his right not to testify against himself.
The Fifth Chamber also points out that the disciplinary report issued by the sergeant – incomplete and unsigned – does not reflect objective data but rather subjective judgments, appraisals or evaluations made by the person issuing it, which lack evidentiary value and effectiveness to be able to impute to the civil guard the minor offense for which he was sanctioned. The sentence emphasizes that this report, in which the non-commissioned officer states his “certainty” that the phrase was directed at him, is the only really existing proof of the facts, whose veracity and accuracy has not been corroborated by the rest of the testimonial and documentary evidence, so it cannot be considered sufficient evidence against the sanctioned civil guard.