The military judge of the Military Territorial Court number 21 of Seville has opened a disciplinary proceeding against the lawyer representing the family of one of the two soldiers who died on December 21st during a training exercise at the Cerro Muriano base in Cordoba. The lawyer, Luis Romero, is accused of disclosing information about the case to the media, even though it was not classified as secret. The disciplinary action was initiated following a complaint by the lawyer of one of the three military officers implicated in the case, who alleged that Romero had divulged details of the statements made by the accused before the court and discussed a forensic evidence related to the buoyancy of the backpacks worn by the soldiers.
The lawyer representing Captain Ignacio Zúñiga, the company commander to which the two deceased soldiers belonged, has supported the request of the lieutenant’s lawyer and has even called for criminal charges to be filed against Romero for revealing confidential information. The military judge has chosen to ignore the latter request and instead decided to open a disciplinary proceeding against the lawyer of the deceased soldier, based on the laws governing the Military Jurisdiction and Military Procedures, which mandate that all investigative proceedings are considered confidential even if not explicitly declared as such.
The disciplinary action against the lawyer will be adjudicated by the same military judge, who may decide to dismiss the case or impose a warning or fine. The decision of the judge can only be appealed to the Central Military Tribunal. In response to the disciplinary proceeding, lawyer Luis Romero has denounced facing intolerable pressures and intimidation from the military jurisdiction, influenced by their superiors and military defense lawyers. Despite this, he has committed to providing ongoing updates to the media regarding the case, not only as the prosecution’s lawyer but also as a spokesperson for the deceased soldier’s parents.
The investigation is pending a decision by the judge on whether to transfer the case to the central judicial courts, as there are indications of criminal liability of the superiors of Zúñiga, which falls outside the jurisdiction of the military judge. Currently, the company captain, the section commanding lieutenant, and a sergeant are implicated in the case for alleged offenses against the efficiency of service resulting in death, due to their failure to implement necessary safety measures that led to the drowning of two soldiers and the near-drowning and hypothermia of several others.
