An open letter from Garcia Pereira condemns the conduct of the Public Prosecutor’s Office (MP), calling it a blatant attack on the democratic rule of law and an unacceptable abuse of power by those who appear to feel above the law, accountable to no one.
The document, sent to the country’s top leaders, including President Marcelo Rebelo de Sousa, Assembly President José Pedro Aguiar Branco, and Prime Minister Luís Montenegro, urges immediate and decisive action to uncover the full truth and hold those responsible accountable. Pereira’s letter suggests reforms to the criminal process and the MP to prevent a recurrence of such abuses.
The legitimacy of an investigation based on an anonymous tip-off is questioned, given the lack of evidence to suggest a crime had been committed.
“If the same inquiry is shelved due to the ‘inconsistency’ of the initial complaint, which contains no signs of criminal activity, the first question must be why such an invasive investigation was conducted, particularly against the judge involved. What guarantees exist that the ‘anonymous complaint’ wasn’t fabricated by the investigators or someone associated with them?” the lawyer asked.
Citing the Penal Code, António Garcia Pereira notes that legal provisions allow only for the destruction of the complaint itself and only when it doesn’t lead to an inquiry.
“This brings us to the second question of why there’s an intention to destroy the entire case now and why it has been persistently concealed under various pretexts, especially that of ‘personal data protection,’ as if this couldn’t be redacted from the process copy made available,” he argued.
CNN reported that the judge Ivo Rosa was investigated by the MP for three years following an anonymous tip-off alleging corruption, embezzlement, and money laundering. After the lengthy inquiry that involved wiretapping, surveillance, and lifting of bank secrecy, the MP concluded that the complaint was inconsistent and closed the case, which they now wish to destroy without having informed the judge about the investigation.
The investigation is said to have begun soon after judge Ivo Rosa delivered the operative part of the decision in the Operation Marquês, which largely dismissed the MP’s accusations and dropped key charges, including those against former Prime Minister José Sócrates, prompting severe opposition from the MP, Garcia Pereira recalled.
“If a judge, protected by constitutional guarantees of independence and immovability, can be subjected to such conduct, particularly without any notification or explanation, it raises the question of what could happen to ordinary citizens, especially those most critical and inconvenient for the Public Prosecutor’s Office?” asked the lawyer.
The investigation into Ivo Rosa has elicited responses, notably from the judges’ association, which stressed the necessity for investigations to be scrutinized for the sake of judicial independence and democracy, especially when based on anonymous complaints, highlighting concern about the case that needs clarity.
The “Manifesto of the 50,” comprised of various public figures calling for judicial reform, requested explanations from the MP regarding the case, describing it as an “attempt at penal persecution,” while former Prime Minister José Sócrates, currently on trial in the Operation Marquês, expressed his disdain at the investigation into Ivo Rosa.
