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Irun's Traditional Alarde drum major denied provisional measures, cannot parade on June 30

Court rejects precautionary measures, upholding the two-year parade ban while the case's merits are still to be judged.

Generic image of a traditional Euskadi town hall stone facade with an ornate balcony and iron railings, warm afternoon sunlight casting shadows on the sandstone walls, blue sky.
IA

Generic image of a traditional Euskadi town hall stone facade with an ornate balcony and iron railings, warm afternoon sunlight casting shadows on the sandstone walls, blue sky.

The Court of Instance and Instruction No. 2 in Irun has dismissed the precautionary measures requested by the former traditional Alarde drum major, preventing him from parading on June 30.

The Court of Instance and Instruction No. 2 in Irun has dismissed the precautionary measures requested by the traditional Alarde's former drum major, meaning he will not be able to parade on June 30. This ruling upholds, for the time being, the two-year parade ban imposed by the Traditional Alarde Board, without the substance of the matter having been judged.
The judge, in her order, indicates that the request for provisional measures "is nothing more than the loss of effectiveness of the agreements being challenged in the main lawsuit," and that, if this measure were granted, "the plaintiff would be restored to the moment prior to their adoption, at the beginning of the disciplinary proceedings, as if it had not existed".
The legal representation of the drum major, in his defense, had alluded to irreparable harm from losing the opportunity to participate in the San Marciales festival events. In the order, the judge acknowledges this would be true. However, she adds that there is a "criminal proceeding open due to a prior complaint for the same facts that are the subject of the Alarde Board's disciplinary proceedings," adding that "apart from the possible injury to the plaintiff's rights, other rights must be considered whose eventual injury could be more irreparably once that procedure is resolved, which are those of the cantinera (flag bearer)."
The order is not final and can be appealed within 20 days of notification to the Provincial Court of Gipuzkoa.
The events date back to July of last year, when the Traditional Alarde Board of Irun sanctioned a commander with a two-year ban from parading, considering he had engaged in "inappropriate conduct," classified as a serious offense by the regulations. In February, over 200 people demonstrated in front of the Palmera Montero center during a meeting of the Commanders' Board to question the proceedings against the drum major. Weeks later, another gathering in the Ensanche square showed support for the implicated cantinera.
The management of the proceedings caused notable internal discrepancies, as it was not supported by at least eight of the 20 captains who make up the board. This lack of consensus led to the resignation of the traditional Alarde's general, Asier Etxepare, and his commander, Rubén Fraile, who stated they could no longer lead the group due to doubts raised about the process. After the corresponding candidacy period opened, the Commanders' Board elected Javier García Nieto, then captain of the Olaberria company, as the new general in late March, by ten votes to nine.
Faced with the ruling, the sanctioned drum major took the matter to court, requesting precautionary measures (after the urgent request was denied). Following the denial of expedited processing, the hearing to request the precautionary measure was held on May 29, at the Court of Instance and Instruction No. 2, a judicial step that highlighted the clash of positions.
The Alarde Board reaffirmed the reasons for the sanction through a statement and recalled the existence of criminal proceedings open in a local court, a procedure they stressed they were not part of. For their part, the commander's legal defense accused the other party of disseminating "partial and distorted" information to influence public opinion, demanding respect and arguing that in the criminal proceedings there were only initial actions.
Through social media, a concentration "for the Alarde" has been called for this coming Saturday at 8:00 PM in San Juan Square, with a statement speaking of the institution's "loss of legitimacy" after "the rules change according to convenience".
It is also mentioned that a company was sidelined and later readmitted without a vote, before an election decided by only one vote. That election was for the new General who, they indicate, "voted for himself with half against him".
Furthermore, "ordinances ignored to appoint someone who does not meet the requirements" are mentioned, also alleging that funds have been raised from citizens that will be used "to cover future judicial expenses of their own excesses." The statement concludes by mentioning "that the rules are not the same for everyone" and that "it is a shared heritage and not a private estate".

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