Justice Excludes Colonel and Sergeant Investigated in Cerro Muriano Case

The criminal case concerning the deaths of soldier Carlos León Rico and corporal Miguel Ángel Jiménez Andúja, during manoeuvres at the Cordoba military base of Cerro Muriano on December 21, 2023, is now closer to its oral trial. The Central Military Court in Madrid has resolved the last pending appeals, removing two of the investigated individuals, Sergeant Castroviejo and Colonel Navarro, from the proceedings, following the acceptance of their defence appeals.

The military judicial body has also partially accepted some of the claims presented by the other four commanders charged in this tragic incident. In July 2024, the Central Military Court number two issued an order processing Captain Zúñiga, Lieutenant Tato, Sergeant Castroviejo, Lieutenant Colonel Zanfaño, Commander Velasco, and Colonel Navarro for these events.

In that resolution, Captain Zúñiga, Lieutenant Tato, Sergeant Castroviejo, Lieutenant Colonel Zanfaño, and Commander Velasco were attributed, under the Military Penal Code, two consummated offences against service duties and two more of the same type, albeit the latter in an attempted degree, according to Europa Press. Meanwhile, Colonel Navarro was accused of an alleged offence of failing to fulfil the duties inherent to command.

Additionally, the court imposed on all of them the condition of provisional release, a situation in which they currently remain. However, they are obliged 'apud acta' to present themselves within the first five days of each month at the court's headquarters or before the designated authority.

Now, almost ten months later, the Central Military Court has resolved the appeals filed by the defences against the said order, fully accepting the appeals of Sergeant Castroviejo and Colonel Navarro, whose prosecutions are thus revoked.

Furthermore, the same military body partially accepts Lieutenant Tato's appeal, revoking his prosecution concerning the two attempted offences against service duties, although maintaining those considered consummated. The same resolution applies to Lieutenant Colonel Zanfaño Hidalgo and Commander Velasco, who are also exempted from such attempted offences, while Captain Zúñiga's appeal is also partially upheld.