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The Supreme Administrative Court (Sta) Declared the Unlawfulness of the Sanctations Applied By the Navy to the NRP Military Military Following the Failed 2023 Mission, and the Military Defense Admits to Seeking Compensation for Moral Damages.
The Sta Reling, Dated April 30 and Published Today on the Court’s Office website, Dismisses The Navy’s Appeal, Which Contested A PREVIOUS DECISION BY THE SOUTH CENTRATIVE COURT (TCA), WHICH HAD ALREADY CONSIDED NULL AND VOID THE SANCTIONS APPLIED TO THE 11 MILITARY PERSONNEL TARGEDE Process (Out of the 13 Accussed of Insubordination), by the Navy, at the Time Led by the Chief of the Navy General Staff, Admiral Henrique Gouveia and Melo.
ACCORDING TO THE STA, THE DISCIPLINARY SANCTIONS PROCESS CONTAINS SEVERAL DEFTS AND FLAWS THAT RESULT IN THE “NULLITY OF THE DISCIPLINARY SANCTION DECISION DUE TO PROCEDURS”.
Contacted by Lusa, The Lawyer for the 11 Soldiers, António Garcia Pereira, Said That the Decision, As The Final Decision and, Therefore, the Definitive Decision, Means That No Negative Effects of the Sanctations Appliced Can Remain, Recalling that the Days of Suspension Wereed and That there is “a stain” on the record of these solDiers associated with this process.
GARCIA PEREIRA WANTS TO ENSURE that Biographical Records of These Military Personnel Are Cleared of Information Relate to Sanctations and the Reimbursement of Amounts Owed and Unpaid as Resput of the Suspension From Service, Which Was Complied With.
The Defense Intends to Ensure the “Accountability of the Hierarchy”, Which in this Specific Case, Is Headed by Admiral Henrique Gouveia and Melo, Who at the Time of the Events Traveled to the Island of Madeira, when the Patol Vessel Was On A Mission, to Publicly Reprimand The Military Who Refused to Carry Out the Assigned Mission.
GARCIA PEREIRA CONSIDERED IT “VEY LIKELY” THAT HE WOULD FILE A CLAIM FOR COMENSATION, PARTY MORAL DAMAGES.
The Lawyer Explained That the Sta Confermed the Nullities Pointed Out in the Disciplinary Process by the TCA South – The Appointment AS Instructing Officer of the Disciplinary Process of A Military Officer Involved in the Facts That Gave Rise to the Disciplinary Process; The Lack of Information to the Defendants, Namely the Right To Be Heard in the Presence of A Lawyer; and AddiTeal Evidentiaria Procedures of Which The Defense Was Not NOTIFIED.
To These Nullities, the Sta Added One More to Justify ITS Decision: The Nullity of Rejecting, Without Legal Basis, Testimonial Evidence Gifted by the Defense, Violating the Rights of the Defendants.
In February, the Sta Definiry Rejected the precautionary measure of the other Two Sanctiused Military Personnel, Who Also Contested the Sentences Applied, But the Main Case Is Still Awaiting A Decision, Said Garcia Pereira.
In the Criminal Proceedings on this case, the public prosecutor’s Office (MP) CONSWORDED THAT THE RISK OF THE FAILED MISION OF THE NRP Mondego, In 2023, WAS LOW, EVEN THOUGH IT ACKNOWLEDGED THAT THE SHIP HAD CRAKS AND AN INDEAN
On March 11, 2023, The NRP Mondego Failed A Mission to Escort A Russian ship North of the Island of Porto Santo, in the Madeira Archipelago, After Four Sergeants and Nine Enlisted Men Refussed to Board, Citing Security Reasons.
The Navy Reported the Incident to the Military Judicial Police in Lisbon, as part of A Criminal Investigation, and Institute Disciplinary Proceedings.
