Antônio Cotrim / Lusa
Admiral Henrique Gouveia e Melo
The court considers that the punishment is not valid due to a lack of information about the soldiers’ rights, a conflict of interests and evidence that was not notified to the sailors.
The Central Administrative Court annulled, this Thursday, the punishments applied to 11 sailors who refused to board the NRP Mondego shipa decision previously validated by Admiral Henrique Gouveia e Melo. The court concluded that the soldiers’ rights were violated during the process, but the Navy has already announced that it will appeal the decision.
The sailors, which include sergeants and enlisted men, were suspended with sentences of between 10 and 45 days after refusing, in March 2023, to take up their posts on an NRP Mondego mission. They claimed that the ship was in no condition security to operate and accompany a Russian ship off Porto Santo, Madeira.
The suspension was initially decided by the naval vice-admiral and confirmed by the Chief of Staff of the Navy, Gouveia e Melo. However, the decision has now been considered null and void by the court, which pointed out flaws in the disciplinary process.
According to , the Court identified three main reasons for annulling the punishments. The first reason was the fhigh information about rightsas the sailors were not informed that they could remain silent or consult a lawyer during the interrogations.
The second reason was the conflict of interestgiven that the commander of the Madeira Maritime Zone, Rui Rodrigues Teixeira, who actively participated in the events, was also involved as an instructor in the process.
Thirdly, there is evidence that was collected and valued without the sailors being notifiedcompromising your right to defense.
In response, the Navy highlighted that the ruling has not yet become final and reaffirmed its intention to appeal. “Most of the processes related to this case have been favorable outcomes for the Navywith decisions handed down both by this court and by other bodies”, he says.
The NRP Mondego controversy began in March 2023, when the military alleged structural failures on the shipsuch as cracks and problems with the separation of water and oil, despite an inspection having determined that the vessel could sail safely.
Gouveia e Melo became a well-known name among the Portuguese after heading the vaccination calendar against Covid-19 and has since been identified as a potential candidate for President of the Republic. He is expected to make his candidacy official in March of next year. Before that, he will leave his position as Chief of Staff of the Navy at the end of the year.
