Spain's Supreme Court has upheld a disciplinary sanction against a Guardia Civil officer who allowed four people, including two children, to stay in the official accommodation assigned to him at the Can Sifre barracks in Sant Josep de sa Talaia, Ibiza. The Military Chamber rejected the officer's appeal, confirming a penalty involving 20 days' loss of pay and suspension of duties.

The ruling, dated 17 September 2026, concerns an incident that took place on 12 October 2023, during celebrations marking the patron saint of the Guardia Civil. The case came to light after several officers discovered a man, a woman and two young girls inside the barracks, having come from accommodation assigned to a colleague who was away from the island.

Incident Discovered During Guardia Civil Celebrations

According to the facts established in the court proceedings, several officers noticed the presence of four people who were not members of the Guardia Civil inside the Can Sifre barracks during the evening celebrations.

The visitors had been staying in the accommodation assigned to the sanctioned officer, who was not in Ibiza at the time.

When questioned, the man initially explained that he was in the room of a female friend. However, one of the girls identified the accommodation as belonging to the officer.

The man reportedly complained that he had expected to find an apartment with sea views rather than the room inside the barracks. He also helped himself to an alcoholic drink without asking permission and asked the officers where he could obtain drugs.

The situation prompted the intervention of a Guardia Civil officer and a lieutenant present at the celebrations.

The woman subsequently told the officers that the Guardia Civil agent had allowed them to use his accommodation while he was away from Ibiza.

After speaking to the officer by telephone, the four visitors returned to the room to collect their belongings. They eventually left the barracks without returning the keys to the accommodation or the main premises.

The subsequent disciplinary investigation established that none of the four visitors had been authorised to occupy the accommodation. Their presence had also not been communicated to the barracks' security service.

Why the Supreme Court Upheld the Sanction

The officer was disciplined for a serious offence under Article 8.37 of Organic Law 12/2007, governing the disciplinary regime of the Guardia Civil.

The provision concerns serious and manifest breaches of duties or obligations inherent to an officer's position or functions.

In his appeal, the officer challenged the disciplinary proceedings on several grounds, including alleged violations of his rights of defence and the right to present evidence. He also questioned the handling of witness statements and argued that the proceedings had caused him material prejudice.

The Supreme Court rejected these arguments.

Regarding the witnesses proposed by the officer, the judges noted that the investigating authority had requested the information needed to locate and summon them. However, the officer had not supplied all the required details or selected either of the alternative dates offered for their statements.

The court concluded that there had been no material violation of his right to defence.

It also considered that statements from the people who had occupied the room could not change the regulatory conditions governing the accommodation or the security obligations applicable within the barracks.

Official Accommodation Is Subject to Strict Conditions

A central element of the judgment concerns the legal status of accommodation assigned to Guardia Civil personnel inside official barracks.

The Supreme Court explained that an officer's right to occupy such accommodation is administrative in nature and subject to established regulatory conditions.

Although the assigned room may serve as the officer's home, this does not give the occupant unrestricted freedom to allow third parties to use it.

The judges also highlighted the particular security requirements applicable to military and Guardia Civil installations, including the control of people entering, remaining within and leaving the premises.

In this case, the accommodation had been occupied by people who were not authorised to stay there, and their presence had not been reported to the security service.

The court therefore upheld the disciplinary finding and dismissed the officer's appeal, leaving the 20-day sanction in place.

No Separate Tourist-Rental Enforcement Case Reported

The case has also raised questions about the possible implications of using official Guardia Civil accommodation for tourist stays.

According to reporting by IB3 and Noudiari, the Ibiza Island Council had not received a complaint concerning illegal tourist accommodation linked to this particular incident.

Consequently, the disciplinary case decided by the Supreme Court should be distinguished from any separate administrative proceedings under tourism regulations.

The confirmed outcome remains the disciplinary sanction imposed on the officer for allowing unauthorised people to occupy his assigned accommodation and failing to comply with the security requirements of the barracks.