The Prosecutor's Office considers that the military jurisdiction is competent to investigate the death of two soldiers in Cerro Muriano

The Provincial Prosecutor's Office of Córdoba considers that the military jurisdiction is competent to investigate the death of a soldier and a corporal during military maneuvers held on December 21 at the Cerro Muriano base, which the Army has in Córdoba. The Public Ministry thus supports the decision of the Investigative Court number 4 of the capital of Córdoba that inhibited itself in favor of the Military Court number 21 of Seville, a decision that the military's defenses have appealed to the Provincial Court.

The accusations consider that the deaths by drowning that took place on the morning of December 21, during military maneuvers that consisted of crossing an artificial lake, correspond to the criminal type of homicide with possible intent, a crime that is not included in the military Penal Code, which only describes reckless homicide. The penalties of the Military Penal Code for the type of crime that is equivalent to reckless homicide, of up to five years and three months, are much lower than the 10 to 15 years provided by the ordinary jurisdiction for homicide with intent, a classification demanded by the families.

The Prosecutor's Office maintains the position that it defended at first when the case began to be investigated by the Court of Instruction number 4. The head of the military court that took over the case has charged the company's chief captain, who was separated from command the day after the event, to the lieutenant in command of the section, and to a sergeant. Everyone was present at the aquatic maneuvers. According to the judge, the three commanders could have committed a crime against the effectiveness of the service resulting in death, equivalent to reckless homicide in the ordinary Penal Code, which article 77.1. of the Military Penal Code punishes with up to five years and three months in prison.

In its order, the military court alleges that the security measures adopted did not work: the rope that was stretched from one shore to the other of the pond did not meet the requirements to serve as a “lifeline” to which the soldiers could hold on in case of danger, while the backpacks were not waterproof and had “excess weight”, so they did not float. According to the judge, 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. Now it will be the Provincial Court of Seville that must determine who continues with the case.

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