The National Court has denied compensation to the family of a civil guard who was discovered lifeless on February 7, 2018 in Tenerife, leaving behind a farewell note in which he expressed frustration over false accusations that had been made against him.
Following the dismissal of their lawsuit by a court in La Laguna and the Provincial Court of Santa Cruz de Tenerife, the deceased’s relatives sought compensation from the General Directorate of the Civil Guard.
The family members insisted on obtaining a psychological evaluation given the circumstances surrounding the death, which remain unclear and are speculated to be linked to missions in Bosnia, Afghanistan, Kosovo, and the Basque country.
Despite the family’s claims, the Ministry failed to establish a direct link between the Administration’s actions and the tragic outcome. The claimants were adamant about highlighting the deceased’s mental state, emphasizing that it was never assessed.
The State representative reported no evidence of a hostile work environment or conflicts with superiors or colleagues, nor did they observe any psychiatric or psychological issues. There was also no record of the deceased taking any sick leave unrelated to common illnesses.
The State Attorney concluded that there were no indications in the farewell letter left by the deceased to suggest threats or harassment at work, or any abnormal behaviour warranting an extraordinary psychological evaluation.
In contrast, the family members pointed out the lack of preventive measures or monitoring for personnel returning from high-risk missions, and raised concerns about factors contributing to self-harming behaviours.
A psychosocial assessment accompanying the claim indicated that the individual showed signs of premeditated suicidal behaviour alongside severe major depression.
The family argued that these conditions were not previously diagnosed or treated, leading them to criticise the Civil Guard for failing to provide adequate health surveillance for its members given the professional risks they faced.
The State Attorney countered that the soldier’s actions leading to his demise were solely his own choice and were not influenced by any negligence on the part of the Administration.
The suicide was deemed voluntary, with the State Attorney stating that the Administration played no contributory role in the tragic event.
The family members alleged that crucial evidence was disregarded during the proceedings, and that testimonies were skewed and incomplete, suggesting a deliberate attempt to conceal the truth of the incident.
The Court dismissed these claims, noting that the presented evidence was considered sufficient and that the arguments lacked substance.
Court Ruling: Letter Left by Deceased Employee Contains No Work Threats
The court ruling stated that the letter left behind by the deceased employee “contains absolutely imprecise regrets from which a possible situation of threats in his work environment cannot be inferred.”
Employee’s History Shows Dedication to Duty
In addition, it was noted that the last high-risk mission undertaken by the employee occurred eight years prior, during which time he was responsible for guarding official buildings. His behaviour during that time was described as “impeccable,” and he underwent psychological supervision after each mission.
Deceased Employee Had Abnormal Personality Traits
It is evident that the deceased had abnormal personality traits, being obsessive and perfectionist with cognitive rigidity. His marked introversion led to little or no interest in social relationships.
Employee Showed Signs of Paranoid Behaviour Before Death
Prior to his death, the employee expressed beliefs that people he interacted with were trying to harm him, followed him, and watched him with cameras. The judgment noted a “possible undiagnosed delusional disorder” as a recent illness that may have significantly influenced his suicidal behaviour.
