Case Q-0732/16 Entity addressed: Aveiro District Command of the Public Security Police (PSP) Date: 2016.09.29 Subject: Police Action. Request for preservation of images Status: The addressee did not raise objections The complainant argued that the PSP made a mistake by requesting to the competent authority the preservation of video surveillance images with a different date from that mentioned in the claim. The Ombudsman investigation concluded that despite their mistake related to the date all the appropriate procedures were observed. Furthermore the use of video surveillance images aims the criminal prevention and repression and its use to other purposes is illegal and unconstitutional. Given that the present case had a civil nature and taking in consideration the legal protection of the rights and interests of citizens the above mentioned images should be destroyed within 30 days counting from its recording. Moreover the Law No. 34/2013, article 31, no 4 of 16th May states that the yielding or copying of images obtained in accordance with this Law could only be used under the terms of the criminal procedure law. As the Public Prosecution is the solely responsible for criminal matters the Ombudsman could not interfere. However there was a recommendation to the District Command of Aveiro to take all necessary measures to avoid future and similar mistakes. • Case Q-2343/16 Entity addressed: Director-General of Justice Policy. Date: 2016.12.07 Subject: Access to law. Paid instalments by the beneficiary of legal protection in the modality of phased payment of the judicial fee Status: A legislative procedure is ongoing Following an intervention by the Ombudsman a multidisciplinary group was created aiming at the study and analysis of the current access to law and courts system and future legal changes. The Ombudsman stressed that the existent legal aid based on the fees due and value of the case proportionality principle could lead to scenarios that are able to distort the grounds of the access to law and courts regimen, which is to say nobody should be | 149

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents