Portuguese judicial secrecy laws explained.

[Alice Purjorick]

And what, pray, do you percieve as the "fatal flaw"? (among the many flaws).

Did I say "fatal"?
Try domain though.

[Jean-Pierre]

Did I say "fatal"?
Try domain though.

You are right - major.

Perhaps jusisdiction would be a better term. 

[John]

Someone caught up in an investigation in Portugal as a witness or an arguido is subject to the Portuguese judicial secrecy laws regardless as to where they eventually end up in the world.

A parallel could be made to someone in the UK subject to a gagging Order under a legal settlement.  The gagging Order doesn't cease to have effect simply because the person to whom it relates gets on a plane and leaves the jurisdiction in which the Order was made.

Thus any witnesses or arguidos who spoke publicly about the Madeleine investigation while it was ongoing did so in contravention of the Portuguese judicial secrecy laws.

[Alfred R Jones]

Someone caught up in an investigation in Portugal as a witness or an arguido is subject to the Portuguese judicial secrecy laws regardless as to where they eventually end up in the world.

A parallel could be made to someone in the UK subject to a gagging Order under a legal settlement.  The gagging Order doesn't cease to have effect simply because the person to whom it relates gets on a plane and leaves the jurisdiction in which the Order was made.

Thus any witnesses or arguidos who spoke publicly about the Madeleine investigation while it was ongoing did so in contravention of the Portuguese judicial secrecy laws.

So can you please clarify the process legally gagging JT from commenting about the case in the UK - a court order, made to sign something, what?

[John]

So can you please clarify the process legally gagging JT from commenting about the case in the UK - a court order, made to sign something, what?

I am sure one of the Portuguese members can best answer your question.  That said, witnesses and arguidos are undoubtedly cautioned that they must not discuss the case publicly whilst a live investigation is going on.

[Eleanor]

I am sure one of the Portuguese members can best answer your question.  That said, witnesses and arguidos are undoubtedly cautioned that they must not discuss the case publicly whilst a live investigation is going on.

I just don't see how this can be enforced if The Witness doesn't actually reside in Portugal.  It hardly warrants a EAW.

[John]

I just don't see how this can be enforced if The Witness doesn't actually reside in Portugal.  It hardly warrants a EAW.

I agree with you on that particular point Eleanor, could that be why certain witnesses were not keen to return to Portugal?

[stephen25000]

I agree with you on that particular point Eleanor, could that be why certain witnesses were not keen to return to Portugal?

Or of course they don't want their names dragged through the mud as Murat's has been.

[Eleanor]

I agree with you on that particular point Eleanor, could that be why certain witnesses were not keen to return to Portugal?

Indeed.  And could you blame them?  Rebelo's attitude was hardly welcoming, and I seem to remember that he refused to guarantee their immunity when asked.  So perhaps he was going to have them arrested for breaking Judicial Secrecy.  Who knows?

[Jean-Pierre]

Just as a point of law, an EAW would of course not work. 

On the wider issue, whether Tanner broke the law is a moot poin, as it is a matter of jurisdiction.   Portuguese law is not enforceable in the UK unless subject to a specific treaty or coming under EU or international law.  "secrecy of justice" does not come under either. 

[Carana]

I'm actually more curious as to whether there was an internal inquiry into unauthorised PJ leaks.  &%+((£

[Alice Purjorick]

I'm actually more curious as to whether there was an internal inquiry into unauthorised PJ leaks.  &%+((£

What evidence is there that "leaks" were leaks and not the divulgence of information to the media authorised by the CIJ ?

[Carana]

What evidence is there that "leaks" were leaks and not the divulgence of information to the media authorised by the CIJ ?

CIJ?

[Alice Purjorick]

CIJ?

Criminal Investigation Judge; the person in charge of the investigation who under Portuguese law may authorise releases of information to the press. It's all explained in the first post on this thread.
It seems though that whilst some releases my be quite within the law, it is more fun to pretend they all are not and are the result of those pesky Portuguese breaking their own laws.
The point I am making is that under the circumstances detailed in the first post we have no means of knowing what was a leak and what was a bona fide press release, other than making a guess which suits our own mischief making.

[Eleanor]

So are you saying that The Investigating Judge was leaking lies?