Supreme sentences four civilian guards to 10 months in prison for humiliating a colleague with homophobic comments

Supreme Court Military Division V upheld the settlement. 10 months in prison a four civil guards (one of them is Corporal First) harassment and humiliation exposed to years partner with insults, jokes, nicknames, and homophobic and derogatory comments, both in terms of looks and professional value. Supreme court upheld the sentence Fourth Regional Military Court (with Works at A Coruna) and think four writers accused of abuse of powerin its own mode occupational harassment or serious assault on personal dignity at work or while performing actions involving discrimination based on sexual orientationby implementing the reduction of unnecessary delays.

this Sublime to reject completely resources of four prisoners and also rectifies the appealed decision in the sense of determination of the case. Secondary legal responsibility of the state on 10,000 euro compensation accepted as a victim psychological and moral harm resulting from crime. The court of first instance determined this amount in the penalty and sentenced the four defendants to pay jointly and severally. Secondary responsibility of the state given that it is clear that not including it is an obvious error of fact.

Proven facts of the confirmed decision, between 2010, the victim arrived at the Noia barracks and 2014, a Civil Guard Corporal and the other three senior guards In fate, they were referred to as “faggot”, “Maripili'”, “strawberry”, “Woman from the mail”. Corporal 1 specifically made comments such as “fags shouldn’t be in the Civil Guard”, “death to fags”, “death to Spain and fags”, “I’d rather have a dead son or a drug addict”. a faggot”, state these proven facts.

“These expressions are sometimes replaced by jokes or ridicule, and also comments were made about the lack of professional competence by calling the Civil Guards . . . useless, lazy,” the resolution adds. The situation described started from now the guard joined the Noia PostFrom June 2010 to 30 November 2014, without interruption, treated for an anxiety attack.

The story ends by pointing out that since 30 November 2014, the victim has been on sick leave for medical reasons and requires the intervention of professionals from the health institution. sanity from that date and receive psychological and psychiatric carepresenting a long-term chronic and complex picture, diagnosed as severe mental disorder.

The defendants applied to the Supreme Court, claiming that their rights were violated, among other allegations. presumption of innocencefor guessing that there is not enough evidence.

Supreme Court, a Fourth Regional Military Court reasonable and reasonable assessment of evidencefrom both the victim’s testimony and the witnesses who “supported its credibility”, concluding that there were no contradictions, changes or ambiguities in the different statements, but that they were “solid, persistent and strong”.

Source: Informacion

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