Saturday, January 27, 2024

The vacancy crisis in the Spanish military justice system continues

 There are only eight women who work in the military justice field in Spain and only one of them, Col. Immaculada Benavente, was named in May 2021, the first woman to preside over a military tribunal.  She was named by the General Council of the Judiciary as "Auditor/President" of the military tribunal in Sevilla.  She is the daughter, granddaughter and greatgrandaughter of members of the military.

Col. Benavente, in a recording that is now circulating in military circles, called the judges of the Military Chamber of the Supreme Court an unprintable insult, because they overturned a judgment issued in March 2023 and substituted for it a new one, in which they increased a sergeant's punishment for up to six years in prison for negligent homicide.

The General Council of the Judiciary decided to convene service commissions on January 24, 2024 to remedy the vacancies in the judicial organs of the military, where approximately half the posts are vacant.  Of the 42 posts in the military justice system, 22 are vacant: in the Central Military Tribunal all 5 posts are vacant; in the Territorial Military Tribunals (courts of first instance for the 5 military districts in Spain) 9 are occupied and 17 are vacant.  Within these 5 military districts there are 18 investigating magistrates (Juzgados Togados Militares Territorial).  Of these 18 investigating magistrates there are two groups: of the 16 (Juzgados Togados Militares Territorial) and currently 11 posts are filled and 5 are vacant; and of the remaining 2 posts (Juzgados Togados Centrales), they are responsible for investigating activities at the Central Military Court and they are competent for the whole of Spain.  Both of these latter posts will be vacant on February 17, the date on which Col. Immaculada Benavente will move on to the reserves.

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