Manuel Fernando Araújo / Lusa
Request for clarification from the European court is a “judicial victory”, claimed José Sócrates – but the complaint has not yet been admitted.
Brussels, Monday. At a press conference complete with sandwiches (this was stated on the invitation), Joseph Socrates reacts to a decision of the European Court of Human Rights.
The court asked clarifications to the State Portuguese about duration and leaks information on the Operation Marquês process.
The European Court questions whether the duration of the proceedings is “compatible with the conditions of a trial within a reasonable time”.
The same entity wants to understand whether there was a violation of the convention with the “leakage of some elements of the criminal investigation process to the media”.
The court also asks whether the former prime minister had the right to “effective recourse to assert the complaints he presents” with the European Court of Human Rights itself.
José Sócrates reacted, still this Monday. From the Brussels Europe Press Club, he said that this decision is a “judicial victory” and a “in all respects extraordinary” decision.
Sócrates commented to journalists that “more than 90 percent” of complaints presented to the Human Rights Court tend to be rejected.
“For me, it’s a great satisfaction see this result because, for the first time, I am sure that the arbitrary nature of these 13 years of judicial persecution will be analyzed by an international court”, commented José Sócrates, who however admitted that it is not yet a decision in his favor.
“Is there a decision in our favor? There is no. There is only one decision for the court to accept an adversarial analysis of the case. And this, for those who deal with the European Court, is clearly an extremely important step”, he reinforced.
And this part highlights it precisely: José Sócrates’ complaint has not yet been admitted.
The complaint was filed in July last year but, despite this step by the European Court of Human Rights, there was no formal admission of the complaint; not one appreciation of its merits.
What happened was the notification of a case; is the “procedural phase in which a Government and informed that a complaint is pending and that the Court is requesting further information.”
But this notification “does not mean that case is admissible or that a violation of the European Convention on Human Rights has occurred. The Court’s decision will be made at a later stage.”
