The Supreme Court of Justice (STJ) released a ruling today in which a panel of judges sentenced Dr. Miguel Domingues to “two specially mitigated sentences” of three years and six months in prison for two counts of abuse of authority causing physical harm, culminating in a single sentence of four years and six months, suspended for five years.
This decision overturns a previous ruling by the Lisbon Court of Appeal that imposed a seven-year-and-six-month sentence on Domingues.
In the initial trial, Miguel Domingues was acquitted despite the Public Prosecutor’s request for a five-year prison sentence.
According to the ruling, the appeal by Mário Maia, director of the “zero test” that resulted in the deaths of recruits Hugo Abreu and Dylan da Silva, and by instructors Hugo Pereira and Messias Carvalho was dismissed, upholding the Lisbon Court of Appeal’s decision.
Mário Maia is sentenced to two years in prison, suspended for two years; Hugo Pereira to two years, suspended for three years; and Messias Carvalho to two years and seven months, suspended for four years.
The appeal by test instructor Ricardo Rodrigues was partially successful, leading the STJ to reduce his sentence from five years and three months to four years, suspended for the same duration.
Army Lieutenant Pedro Fernandes’ appeal was rejected due to legal inadmissibility, maintaining the Lisbon Court of Appeal’s decision, which increased his initial sentence to four years and three months.
Reacting to the STJ’s decision, attorney Ricardo Sá Fernandes, representing the victims’ families, expressed satisfaction: “Justice has been served.”
A statement sent to Lusa highlighted that “after nine years, the so-called ‘Comandos’ process has concluded in which two young men, who should not have died, lost their lives due to abuse of authority by their superiors. Following a lower court sentence that disregarded serious misconduct, the Lisbon Court of Appeal and the Supreme Court have honored justice and the memory of Hugo Abreu and Dylan da Silva, holding those primarily responsible accountable.”
Sá Fernandes remarked that the STJ’s decision reduced more severe prison sentences, suspending their execution.
“I have never judged the penalties, relying on what courts deemed fair and appropriate. I hope the Armed Forces learn the lesson this case teaches,” he said.
Dylan da Silva and Hugo Abreu, both 20 at the time, died, and other recruits suffered serious injuries and were hospitalized during the “zero test.”
Eight officers, eight sergeants, and three soldiers, mostly instructors in the Comandos, were accused of abusing authority with physical harm. The charges stated that the defendants acted with “blatant disregard for the serious consequences inflicted on the victims.”
