DECISION DENY DUE TO THE NAVEL APPEAL
The Supreme Administrative Court (STA) declared the unlawfulness of the navy applied to the military of NRP Mondego following the failed mission of 2023, and the defense of the military admits to request compensation for moral damages.
The judgment of the STA, dated April 30 and released on Tuesday on the Court’s website, dismisses the Navy’s appeal, which contested a previous decision of the South Central Administrative Court (TCA), which had already considered null the sanctions applied to the 11 military personnel in this case (of the 13 accused of insubordination) by the time led by the then head of the armed state of the armed man.
According to STA, the process of disciplinary sanctions contains several addictions and failures that result in the “nullity of the disciplinary sanctioning decision by the procedure”.
The lawyer of the 11 military personnel, António Garcia Pereira, said that the decision, being of the last instance and, therefore, a definitive decision, means that no negative effects of the sanctions applied, remembering that the days of suspension have been fulfilled and that there is a “stain” in the curriculum of these military associated with this process.
Garcia Pereira wants to be guaranteed that the biographical record of these military is cleaned from the information regarding the sanctions and the compensation of the amounts due and not paid as a result of the suspension of service, which was fulfilled.
The defense intends to see guaranteed the “responsibility of the hierarchy”, which in the present case, the top of Admiral Henrique Gouveia and Melo, who at the time of the facts moved to Madeira Island, where the patrol ship was on mission, to publicly rebuke the military who refused to fulfill the attributed mission.
Garcia Pereira considered “very likely” to move forward with a claim for compensation, namely for moral damages.
The lawyer explained that the ST confirmed the nullities pointed out to disciplinary proceedings by the South TCA – the appointment to an instructor of the disciplinary proceedings of a military personnel involved in the facts that gave rise to disciplinary proceedings; the lack of information to the defendants, namely the right to be heard in the presence of a lawyer; and complementary proof of proof of which the defense was not notified.
To these nullities, the STA came to add one more to substantiate its decision: the nullity of rejecting without legal basis testimonial evidence presented by the defense, violating the rights of the defendants.
In February, the STA has definitely rejected the precautionary action of the other two sanctioned military personnel, who also contested the penalties applied, but the main proceedings are still awaiting a decision, said Garcia Pereira.
In criminal proceedings on this case, the Public Prosecution Service (MP) considered that the risk of NRP Mondego’s failed mission in 2023 was low, although it recognized that the ship had cracks and an inoperative engine.
On March 11, 2023, NRP Mondego failed a monitoring mission of a Russian ship north of Porto Santo Island, in the Madeira archipelago, after four sergeants and nine squares if they refused to board, alleging security reasons.
The Navy participated in the succeeded to the Military Judicial Police in Lisbon, in the context of criminal investigation, and established disciplinary proceedings.
