The Ministry of Internal Administration (MAI) announced today that the suggestions by the Ombudsman regarding the police operation last December on Rua do Benformoso, in Lisbon, “do not indicate any criticisms or structural failures” in the police action.
“The Ombudsman performs its mission, which is of great relevance. The suggestions issued by this Institution, following the complaint about the police operation carried out on 19/12/2024, on Rua do Benformoso in Lisbon, do not point out criticisms or structural failures, nor of a systemic nature, to the police action,” reads a note from the ministry led by Maria Lúcia Amaral.
The Ombudsman identified “serious planning failures” in the PSP operation that took place on Rua do Benformoso, Lisbon, as no justification was found for the searches conducted, the organization disclosed on Monday.
Following a received complaint, the Ombudsman analyzed the police operation on Rua do Benformoso, where dozens of people were lined up against the wall, hands up, to be searched by PSP officers. The entity found “serious planning failures concerning the ‘forecasting of the need for personal searches and their justification.'”
According to the MAI note, the Ombudsman’s suggestions “may naturally contribute to the continuous work of the Public Security Police in improving its procedures.”
The note further states that the PSP’s work is carried out daily “within a demanding balance between security, on one side, and the protection of fundamental rights, on the other.”
According to a message sent by the deputy ombudsman to the national director of the PSP, it was recommended that in future actions, the PSP justify the need for personal searches either in advance planning or during the actions.
The Ombudsman initially recognizes that the police operation met the requirements of the Arms Law, as appropriate communication to the Public Prosecutor was made, and a geographic area and time frame were defined.
However, “no specific provision was made by this security force regarding the performance of personal searches,” which constitutes a “critical failure because it undermines appropriate guarantees against arbitrariness and abuse of power.”
The entity stresses that searches should be conducted in suitable and sheltered locations whenever possible, as it is the duty of police personnel to ensure the modesty and personal dignity of those involved. On Rua do Benformoso, “not only were the searches conducted on the street, with individuals lined up against the wall and arms raised for an undetermined period, but the PSP also called in the media,” the Ombudsman warns.
Besides the lack of justification, the Ombudsman also points out that it was impossible to determine if the individuals were informed by PSP officers about the reason for their identification and search. “There is no documentation provided to us that includes this information,” the document states.
For these reasons, the Ombudsman concluded that the police operation lacked any prior consideration regarding the legal conformity of the searches, and since the reasons for the personal searches were unknown, it cannot assert that they were justified.
Carlos Moedas, after a meeting with the MAI, declined to comment on the Ombudsman’s suggestions, merely emphasizing that what had been conveyed to him “is that protocols were followed; if they were not, we will see through this report, obviously those responsible can comment.”
