E/CN.4/2001/66
page 167
847. By letter dated 23 October 2000, the Special Rapporteur reminded the Government of a
number of cases transmitted in 1998 regarding which no reply had been received.
Portugal
848. By letter dated 5 October 2000, the Special Rapporteur advised the Government that he
had received information on the following individual cases, to which the Government replied by
letter dated 11 December 2000.
849. Álvaro Rosa Cardoso, a Rom, was allegedly severely beaten on 14 January 2000 after
police had been called to a street disturbance. After being held for several hours in police
custody in the Aldoar area of Oporto, he was reportedly taken to the Hospital de Santo António
where he died. The autopsy report is said to refer to a number of external and internal injuries,
stating that the cause of death was bleeding from a ruptured spleen. A judicial inquiry was
reportedly immediately opened and an inquiry was also opened by the Interior Ministry’s
General Inspectorate (IGAI). Disciplinary inquiries into the conduct of two police officers from
the Foz and Pinheiro Manso stations were reportedly opened. In April they were reportedly
detained, under investigation for homicide. The Special Rapporteur requested the Government
to submit information on the results of the inquiries.
850. The Government responded that the police action in the case of the public disorder had
ended with two detentions with regard to which there were suspicions that some police officers
might have gone too far in their use of force. Violence had been used to force the detainee
referred to in the Special Rapporteur’s communication to enter the police car. Criminal and
disciplinary proceedings were immediately carried out. Two Public Security Police (PSP)
officers were charged with murder by the Public Prosecutor of the Court of Oporto and kept
under provisional arrest for about six months. The Inspectorate General of Internal
Administration concluded that there had been an excessive use of force, but not the intention
to kill, and disciplinary procedures were instituted. On the grounds of new evidence raised by
the defence, the judge decided not to prosecute and ordered the release of the two officers.
The Office of the Public Prosecutor appealed that decision. No final decision had been taken on
disciplinary procedures.
851. Paulo Silva reportedly died of internal injuries, notably a ruptured spleen, after being
taken by ambulance from his mother’s house to the Hospital de São João on 14 January 2000.
On that day, he had gone to the Cerco area in Oporto to buy drugs, but had been badly beaten by
the police. Suspicion fell upon eight PSP officers of the 4th Division, but the police are said to
have denied responsibility for the death. The officers were questioned by the homicide branch of
Oporto’s Judicial Police but by June had not been formally accused and were continuing in
their posts.
852. The Government responded that a criminal procedure had been instituted by the Office of
the Public Prosecutor at the Court of Oporto and an investigation was initiated by the
Inspectorate General of Internal Administration. The procedures are pending and confidential.
Disciplinary procedures have been instituted against a group of nine police officers against
whom evidence had been gathered.
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