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The herd military rejoins active duty

The Ministry of Defense will not give destiny to the soldier, who has spent six months suspended from duties, until the supreme is pronounced

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The herd military rejoins active duty
En Español
  • Spanish soldier convicted in Pamplona gang-rape case goes back to active duty

The soldier Alfonso Jesús Cabezuelo, one of five members of herd sentenced to nine years in prison for sexual abuse continued to a young woman in Sanfermines of 2016, has been reinstated on Tuesday to active duty after completing six months of suspension of Functions, according to Official Bulletin of Defense. However, Ministry of Defence will not assign Cabezuelo, in provisional release since 22 June, to decision of Supreme Court.

A defense spokesman has reported that minister, Margarita Robles, will apply to military as foreseen in article 111.3 of Law of military career, according to which "in event of cessation in suspension of functions by lifting of preventive prison , Minister of Defence may agree by a reasoned resolution in which imputed facts, social transcendence and interest of service, prohibition of soliciting and obtaining destination for a period of time which shall not exceed time of Dictate firm judgment or self-dismissal also firm. "

More information
  • The audience of Navarre leaves members of herd in provisional freedom

That is, Cabezuelo will be in active duty, but without working and charging basic remuneration and complement corresponding to its employment (without a reduction of 25% as far as so far), but does not perceive specific complements associated to destination at least until Have a firm sentence. The lawyer of military, Agustín Martínez Becerra, has confirmed to this newspaper that his defendant "has informed him verbally that it is not planned to be assigned a destination for moment."

The Official Bulletin of Defense has published today a resolution that stipulates that Cabezuelo "is available to chief general of command of personnel of army and attached to administrative effects to sub-delegation of defense in Sevilla". The suspension of functions for a military is a temporary precautionary measure that can only last a maximum of six months and "inexorably" rises after this period, according to defense.

Mariano Casado, member of Observatory of military life, dependent on courts, had asked that soldier not be reinstated to a unit by uncomfortable situation that it would generate, both in him and in his companions, and by image of Armed forces, until supreme is pronounced.

Before being arrested and convicted of sexual abuse of a young woman during Sanfermines of 2016, Cabezuelo served in second battalion of Military Emergency Union in Morón (Sevilla). In addition to cause of Pamplona, military is awaiting closure of a similar case in Pozoblanco in which it is being investigated along with three or members of herd.

The work situation of rest of herd

Anor of condemned by Provincial court of Navarre, Guardia Civil Antonio Manuel Guerrero, has not been removed from body, as in case of Cabezuelo, but is also in a situation of suspension of destiny, confirm sources of Institute Armed. Guerrero is perceiving base salary without any or complement. The prosecutor's Office has requested reentry into prison of Guardia Civil for understanding that he did not comply with precautionary measure of not leaving country when he tried to take out a passport on 25 June. The magistrates of hearing are pending to resolve request of Public Prosecutor's office.

Regarding rest of members of herd, his lawyer, Agustín Martínez Becerra, says that y do not plan to look for work or rejoin one y already had. Labour lawyers consulted by this journal confirm that, in case of a prison income, unless re is a firm conviction, employment contract is suspended only, and if worker requests to return to his job, employer must Admit him and his dismissal would be inappropriate.

It is case of Jesus Escudero, barber, only one with a fixed contract before entering in prison in July of 2016. "At moment he's not coming back. The situation is complex and we will wait, "says Becerra. Squire, Guerrero and José pledge are also being investigated in cause of Pozoblanco.

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