Are miscarriages of justice in Portugal as rare as hens teeth?

[Mr Gray]

Especially my dear sir in a judicial system where the judge has the power to not consider a confession if he feels its was not valid for any reason whatever an there is no evidence to support the confession.

what is most telling is that after 6 pages of posts not one example of a miscarriage of justice in Portugal...this may well be coupled with a much higher rate of confessions than the Uk which would be related to their frequency of appearance on the amnesty international website

[Mr Gray]

interesting case...

Mr Graham Mitchell, a British citizen from Kent, was prosecuted for attempted murder in Portugal in 1994-5. He spent one year in pre-trial detention during which time he was subject to serious ill treatment. He was finally acquitted, released and returned home to the UK to start the difficult task of rebuilding his life.

Portugal has now issued a European Arrest Warrant seeking his extradition to face charges based on the same facts as the original prosecution 18 years ago. Graham was arrested at his home in early 2012 and taken into custody before being granted bail by a British court. He now faces the ordeal of extradition proceedings in the UK and the threat of a new trial in Portugal.



Update – We are delighted to report that in May 2012 the Portuguese authorities dropped their request to extradite Graham due to the amount of time that has passed.

www.bbc.co.uk/news/uk-england-kent-18116917

[Eleanor]

interesting case...

Mr Graham Mitchell, a British citizen from Kent, was prosecuted for attempted murder in Portugal in 1994-5. He spent one year in pre-trial detention during which time he was subject to serious ill treatment. He was finally acquitted, released and returned home to the UK to start the difficult task of rebuilding his life.

Portugal has now issued a European Arrest Warrant seeking his extradition to face charges based on the same facts as the original prosecution 18 years ago. Graham was arrested at his home in early 2012 and taken into custody before being granted bail by a British court. He now faces the ordeal of extradition proceedings in the UK and the threat of a new trial in Portugal.

Update – We are delighted to report that in May 2012 the Portuguese authorities dropped their request to extradite Graham due to the amount of time that has passed.

"Due to the amount of time that has passed?"

So nothing to do with the fact that his Victim is still alive and kicking, and has stated that it was an accident?"

[Mr Gray]

Especially my dear sir in a judicial system where the judge has the power to not consider a confession if he feels its was not valid for any reason whatever an there is no evidence to support the confession.

not much good if the judges are of poor quality...

•The President of the Portuguese Bar Association has commented on the inexperience of Portuguese judges.

[Alice Purjorick]

"Due to the amount of time that has passed?"

So nothing to do with the fact that his Victim is still alive and kicking, and has stated that it was an accident?"

"Kicking"  is stretching a point as the victim is paralysed below the waist.
Mitchell and his associate were acquitted and allowed to return to the UK although the acquittal was overturned by a higher court afterwards. The decision to drop the European Arrest Warrant was in my view sensible.

So putting all this in the context of Montclair's postulation, we have on this forum arrived at two dubious cases in a time span approaching twenty years. Grist to Montclair's mill one would have thought rather than an indication that the Portuguese legal system is inherently deficient.

[Eleanor]

But we don't know how many people have been banged up on False Confessions after Torture.

[Mr Gray]

"Kicking"  is stretching a point as the victim is paralysed below the waist.
Mitchell and his associate were acquitted and allowed to return to the UK although the acquittal was overturned by a higher court afterwards. The decision to drop the European Arrest Warrant was in my view sensible.

So putting all this in the context of Montclair's postulation, we have on this forum arrived at two dubious cases in a time span approaching twenty years. Grist to Montclair's mill one would have thought rather than an indication that the Portuguese legal system is inherently deficient.

we still do not have one case of a miscarriage of justice...which is what this thread and montclairs statement is about

[Alice Purjorick]

There seems to be a desperation to show that the Portuguese gaols are full of wrongly convicted people who were incarcerated on the basis of confessions extracted by means of torture. There does not appear to be any evidence to substantiate that position. Despite the much vaunted Amnesty International comments about the Cipriano torture I don't hear them making much of a song and dance about anything else in Portugal.

[Eleanor]

Amnesty International have no teeth.  They can't actually do anything.

However, there is no doubt that other cases of torture have occurred, and a few PJ Officers have been convicted of this, eventually.  I find it hard to believe that these were the only ones.

The case against Amaral by Leandro Silva is still pending.

[Mr Gray]

There seems to be a desperation to show that the Portuguese gaols are full of wrongly convicted people who were incarcerated on the basis of confessions extracted by means of torture. There does not appear to be any evidence to substantiate that position. Despite the much vaunted Amnesty International comments about the Cipriano torture I don't hear them making much of a song and dance about anything else in Portugal.

you are wrong again...there are other cases on the amnesty website...Almeida has also been convicted of actual torture yet us still allowed to be a member of the police force

[Mr Gray]

another from amnesty

•By the end of the year, no trial date had been set for three judicial police officers accused of torturing Virgolino Borges in March 2000. The case was due to go to trial in November 2008 but was delayed pending further medical examinations requested by the defence. Virgolino Borges said that he had been tortured by police officers who punched him and beat him on the soles of his feet with a wooden post while in custody. The investigation had been closed in 2005 by the public prosecutor, who stated that Virgolino Borges’ injuries could have been self-inflicted. Virgolino Borges appealed against this decision to the Lisbon region courts: first to the Tribunal de Instruçăo and then to the Tribunal da Relaçăo, which in November 2005 ordered that the case go to trial

[Mr Gray]

another from 2009

•The Court of Appeal in Lisbon ordered a retrial in the case of Albino Libânio, who was assaulted by prison officers in Lisbon Prison in 2003. The Court granted a request by Albino Libânio's lawyers for the Portuguese state to be named as a defendant. The decision was made on the grounds that, as his injuries occurred while he was in the care of the prison system, the state should be held liable even if it was impossible to prove which prison officers were responsible for the attack. The original trial had recognized the injuries suffered by Albino Libânio but acquitted all seven prison officers of assault because of lack of evidence proving their responsibility. A new trial date had not been set at the end of the year.


same as cipriano...court accepts torture had taken place but acquits officers because it cant be sure which ones are responsible

[Eleanor]

another from 2009

•The Court of Appeal in Lisbon ordered a retrial in the case of Albino Libânio, who was assaulted by prison officers in Lisbon Prison in 2003. The Court granted a request by Albino Libânio's lawyers for the Portuguese state to be named as a defendant. The decision was made on the grounds that, as his injuries occurred while he was in the care of the prison system, the state should be held liable even if it was impossible to prove which prison officers were responsible for the attack. The original trial had recognized the injuries suffered by Albino Libânio but acquitted all seven prison officers of assault because of lack of evidence proving their responsibility. A new trial date had not been set at the end of the year.


same as cipriano...court accepts torture had taken place but acquits officers because it cant be sure which ones are responsible

But they do know.  They just don't try very hard to prove it.

[Carana]

You are all wrong (according to a handful of people).

- There are no miscarriages of justice in Portugal.

- There is no child abuse or major crime of any kind unless it involves foreigners.

- Amaral donated all his earnings from the "Maddie" case to charity.

- The PJ is in the top category of the most efficient police forces in the world.

[Anna]

You are all wrong (according to a handful of people).

- There are no miscarriages of justice in Portugal.

- There is no child abuse or major crime of any kind unless it involves foreigners.

- Amaral donated all his earnings from the "Maddie" case to charity.

- The PJ is in the top category of the most efficient police forces in the world.

So glad that you put us right on that Carana.....................I have been having nightmares consisting of ,defenceless women beating cowards and a cruel uncaring legal system, more interested in being authors and making money out of the pain suffered by relatives of victims, than solving a crime.
I feel better now about my granddaughter going there on holiday, now that I have read your words.