For the first time, a woman will be a member of the Central Military Tribunal (TMC), the competent military jurisdiction body for judging officers of the rank of commander or higher in the three armed forces and the Civil Guard. The Permanent Commission of the General Council of the Judiciary (CGPJ) has agreed to appoint Colonel Auditor Inmaculada Benavente Cózar as a togged member in functions of the TMC. She is currently the president of the Second Military Territorial Tribunal, based in Seville. This marks the first time a female military officer has held such a high position in the military jurisdiction, though in 2009, Magistrate Clara Martínez de Careaga became the first woman in the Military Division of the Supreme Court, which is made up of civilian and military judges.
The CGPJ, meeting in Cadiz, took an exceptional procedure to make this appointment as the 2021 reform prevents the Council from assigning judges’ appointments once their term has expired, which has been the case for over five years. Two positions on the TMC were left vacant due to lack of candidates, causing a threat to justice in the military system. The council managed to temporarily fill one of the positions with a colonel, even though members of the tribunal are required to be togged generals. The Unified Association of Military (AUME) and the Unified Association of the Guardia Civil (AUGC) have contested this system, as some judges were appointed from the legal department of the army or the Ministry of Defense, but this objection does not apply to Colonel Benavente.
Colonel Benavente became the first female head of one of the five military territorial tribunals in May 2021. In an interview with Diario de Sevilla after taking office, she stated that “there are no limitations for women in the Armed Forces” and that cases of sexual harassment among military personnel “exist and are pursued and punished when known. But I honestly believe there is a higher incidence among the general population, maybe because of the discipline we have,” she added. Since December 21, 2022, the TMC has lacked a president and all its titular togged members, leading to the appointment of the two most senior colonel auditors as acting presidents to ensure stability. Following the retirement of one of the acting members, the Permanent Commission agreed to appoint Colonel Benavente to the role, who along with her colleagues will have to balance this position with the presidency of their territorial tribunal.
In summary, the appointment of Colonel Inmaculda Benavente Cózar as a vocal togged member in functions of the Central Military Tribunal marks a historic moment as the first woman to hold such a high position in the military jurisdiction. The CGPJ took an exceptional approach to fill a vacant position due to the limitations of appointments caused by a recent reform. Despite objections from military associations, Colonel Benavente’s appointment brings a new perspective to the TMC and shows progress in promoting gender diversity within the military judicial system. Her previous experience as the head of a territorial tribunal and her commitment to addressing issues such as sexual harassment demonstrate her suitability for this significant role.
