TEIXEIRA DE CASTRO JUDGMENT OF 9 JUNE 1998
(c) for the applicant
Mr J. LOUREIRO, and
Ms R. MALVAR LOUREIRO , both of the Vila Nova
de Famalição Bar,
3
Counsel.
The Court heard addresses by Mr Cabral Barreto, Mr Loureiro,
Mr Henriques Gaspar and Mr Simas Santos. The Government and the
applicant’s representatives produced documents at the hearing.
AS TO THE FACTS
I.
THE CIRCUMSTANCES OF THE CASE
8. Mr Francisco Teixeira de Castro, a Portuguese citizen, was born in
1955 and lives at Campelos (Guimarães). At the material time he worked in
a textile factory. Since being released from prison he has not found
employment.
A. Intervention of two police officers and the applicant’s arrest
9. In connection with an operation monitoring drug trafficking, two
plain-clothes officers of the Public Security Police (PSP) from the
Famalição police station approached an individual, V.S., on a number of
occasions. He was suspected of petty drug trafficking in order to pay for
drugs – mainly hashish – for his own consumption. They hoped that through
V.S. they would be able to identify his supplier and offered to buy several
kilograms of hashish from him. Unaware that they were police officers, V.S.
agreed to find a supplier. However, despite being pressed by the two
officers, he was unable to locate one.
10. Shortly before midnight on 30 December 1992 the two officers went
to V.S.’s home saying that they were now interested in buying heroin. V.S.
mentioned the name of Francisco Teixeira de Castro as being someone who
might be able to find some; however, he did not know the latter’s address
and had to obtain it from F.O. All four then went to the applicant’s home in
the purported buyers’ car. The applicant came outside at F.O.’s request and
got into the car where the two officers, accompanied by V.S., were waiting.
The officers said that they wished to buy 20 grams of heroin for
200,000 escudos (PTE) and produced a roll of banknotes from the Bank of
Portugal.
11. Mr Teixeira de Castro agreed to procure the heroin and,
accompanied by F.O., went in his own car to the home of another person,
J.P.O. The latter obtained three sachets of heroin, one weighing ten grams
and the other two five grams each, from someone else and, on his return,