Military justice will finally investigate the death of two soldiers during maneuvers in Cerro Muriano

Military justice will finally investigate the death of two soldiers on December 21 while carrying out maneuvers in an artificial lake at the Cerro Muriano base (Córdoba).

The Provincial Court of Córdoba has rejected the appeal filed by the families of the two deceased (Corporal Miguel Ángel Jiménez Andújar, 34 years old, and soldier Carlos León Rico, 24), against the order of the Court of Instruction 4 of Córdoba , who recused himself from the case in favor of military justice.

The appellants argued that, unlike in the ordinary jurisdiction, the crime of intentional homicide does not exist in the military - in which popular accusation is not admitted either - which benefited the eventual perpetrators.

The court's decision will allow the head of the 21st Military Court to advance in the investigation of a case that has already been elevated to the summary category and in which the company's chief captain, the lieutenant in charge of the section and a sergeant as alleged perpetrators of a crime against the efficiency of the service resulting in death, punishable by up to five years and three months in prison.

The Second Territorial Military Court, based in Seville, confirmed on the 16th the order that charged the three military commanders, which has led the lawyer representing the corporal's family to request his entry into preventive detention, due to "the seriousness of the facts” and to “avoid the loss or manipulation” of evidence.

It so happens that the captain was removed from command the same day the deaths occurred, but the lieutenant and sergeant remain in their positions.

None of the three has yet given a statement before the judge.

In the order in which they were charged, it was recognized that the security measures adopted by the commanders to carry out the exercise - crossing a watercourse with the combat team - did not work: the rope that was stretched from one bank to the other did not meet the requirements to serve as a “lifeline” to which soldiers could hold on in case of danger, while the backpacks were not waterproof and had “excess weight” (the deceased soldier was carrying an inert 3. 5 kilos), so they did not float.

The water temperature was very low – several soldiers had to be treated for hypothermia – and the pond was up to three meters deep.

For all these reasons, there could have been a “causal relationship between the possible lack of suitability of these security measures used” and the death of the two soldiers, the judge concluded.

Subscribe to continue reading

Read without limits

Keep reading

I am already a subscriber

_