Supreme Court Ruling on Civil Guard Misconduct
The Supreme Court has recently upheld a sanction against a civil guard for actions deemed “seriously contrary to dignity.” Following a review, the court confirmed a twenty-day salary loss and a suspension from duties, particularly due to the officer’s alcohol consumption during service and his inappropriate behavior.
Incident Overview
The incident took place on April 1, 2022, during the officer’s afternoon shift in the gym of the Security Department of the Presidency of the Government. Before beginning his duties, the civil guard reportedly consumed two beers and some skewers at a nearby cafeteria.
As the individual responsible for gym order and compliance with regulations, this behavior was a breach of the responsibilities expected of him. At approximately 3:00 p.m., he was joined by two colleagues who introduced a bottle of gin, leading to further drinking mixed with Coca-Cola.
Inappropriate Behavior
The situation escalated when two National Police officers arrived at the gym around 7:15 p.m., discovering the civil guard displaying visible signs of alcohol impairment. Witnesses reported that he dropped his pants and showed his buttocks while dancing and squatting in front of the police officers.
This incident was not merely an embarrassing personal lapse but raised significant concerns regarding the institutional image of the Civil Guard, especially given that the witnesses were external law enforcement officers.
Legal Proceedings and Defense Arguments
Faced with disciplinary action, the civil guard appealed the sanction on four grounds: violation of the presumption of innocence, infringement of legality in the sanction, lack of proper defense guarantees during the incident investigation, and claims of disproportionate punishment.
The Supreme Court, however, rejected these arguments, stating that the available evidence, including witness testimonies, was sufficient to dismiss the presumption of innocence. They emphasized that the actions demonstrated serious misconduct and were detrimental to the societal image of law enforcement.
Implications of the Ruling
The court highlighted that the civil guard’s behavior undermined not only his professionalism but also the trust placed in the Civil Guard by the public. The ruling affirms that serious breaches of duty, particularly involving alcohol consumption while on duty, warrant significant consequences.
In summation, this case serves as a reminder of the standards expected from law enforcement agents. The ruling reinforces that unworthy conduct, particularly during official duties, will not be tolerated and can lead to disciplinary actions affecting one’s career.