|Constitutional Court of Spain|
It's a little complicated, but the Spanish Constitutional Court has decided an interesting case in favor of a Civil Guard who had been suspended for two years. In a nutshell, the union of Civil Guards (AUGC) posted a story on its website that was critical of a junior officer. The officer sued the union (presumably for defamation) in civil court and lost. In that litigation, three members of the Guardia Civil testified for the union. After the case was dismissed, the officer filed a complaint against them, and they were subjected to discipline. The Central Military Court and the Military Chamber of the Supreme Court upheld the punishment. On review, the Constitutional Court, in the case of J.C.C., reversed and remanded for further proceedings because the Guards had a duty to testify in the civil proceedings. The court directed the Central Military Court to reconsider the case in light of the right against self-incrimination.
The Constitutional Court's press release can be found here and the full judgment can be found here.
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