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
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