Wednesday, July 30, 2014

Call for broad reform of Spanish military justice

Mariano Casado
El País has this op-ed by Mariano Casado, Secretary General of the United Association of Spanish Soldiers. He catalogs a number of recent military justice related controversies (some of which have been noted on Global Military Justice Reform), argues for judicial independence, and writes, in part (rough Google translation):
Last Friday, July 25, 2014, the Cabinet approved a draft Military Penal Code for submission to the Congress of Deputies. No one doubts that the military penal framework has to be modified. But there isn't agreement on the design of the new military criminal law. And, as a negative point, this bill has been developed by the military, as if such a rule would not affect all citizens, "as if it were an autonomous legal system" as highlighted recently by Professor De León. Or as if it were considered that only those with military status are able to recognize the legal rights, principles and values ​​that should have special protection in Spanish military criminal law. Those who think so are mistaken. What happens is that the endogamous and corporatist approach is the best way to protect a number of situations and privileges that cannot be allowed in an advanced democracy, in which the Armed Forces and the law governing them must at all times serve the general interest and not special privileges that should disappear.

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