The Spanish Supreme Court rules that a messenger app status has no evidential value to
sanction a Civil Guard
The Military Chamber of the Supreme Court has issued a ruling annulling the penalty imposed on a
Civil Guard due to a minor behavioural infraction towards his supervisor. According to the supervisor,
the Civil Guard posted a status on his messenger app openly addressed against him, which led to the
imposition of the sanction confirmed by the Military Court.
According to the Spanish Supreme Court, the Military Court made an unreasonable assessment of
evidence by drawing conclusions that do not respond to a logical criteria and that violate the
claimant´s right to effective judicial protection and his presumption of innocence. In this sense, the
ruling underlines that the only evidence presented was the allegation by the supervisor that the status
was aimed at him without its veracity being corroborated. Therefore, the Military Chamber of the
Supreme Court considered that a status contained in a messenger app is not sufficient evidence
against the Civil Guard.
For more information, please contact Raul Rubio, Patricia Perez, Rosario Alvarez, Ignacio Vela,
Alvaro Ubeda or Cristina Monereo.