Free speech in Portugal

http://www.algarvedailynews.com/news/5977-faro-gnr-to-prosecute-woman-for-complaining-on-facebook


Faro GNR to prosecute woman for complaining on Facebook

Created: 23 June 2015

It probably the first case of its kind, the GNR is to prosecute a woman who was so enraged at police behaviour that she posted a complaint on Facebook.

Having been given a ticket for parking illegally, the woman driver returned to the spot minutes later to see that the GNR vehicle had been parked in the same place as two GNR agents tucked in to coffee and cake at a nearby cafe.

The Facebook posting had around 15,000 viewings within hours but was spotted by the GNR which, instead of posting an apology to the woman, decided to apply to prosecute her, thus guaranteeing further publicity from local and national media.

Faro GNR Command has thrown PR caution to the wind by lodging a criminal complaint with the Public Ministry and the woman may end up being convicted for expressing her opinion; the words ‘corrupt’ and ‘corruption’ used in the now deleted Facebook posting will not help her case.

The woman was parked on a yellow line in Fuseta as she was loading and unloading and was issued a €30 fine which she paid.

When she returned to the spot two minutes later the woman saw an empty GNR car parked in the same place on the yellow line. She then spotted the same two agents that had booked her enjoying a light breakfast in a nearby cafe.

Upset and angry, the woman took some photos in order to ‘show the corruption in this country’ saying the GNR should be setting an example to others, not flouting the laws for which she had just been fined.    

The Olhão Livre website also published an account of these events, adding, “unfortunately, these situations of abuse of power by GNR and PSP agents are increasingly frequent, so there is nothing better than exercising the right of active citizenship in reporting these abuses of power whenever they happen.

"The authorities should set a law-abiding example, and according to the photos and the account of woman, they did not and abused the law.”

By applying to prosecute the woman, Faro GNR Command has ensured this event will receive even wider publicity when a sensible objective would have been to apologise to the woman and/or explain that the GNR can park wherever they want.

The fact the two agents were on a cafe break makes the GNR case look weak and by having the posting suspended from Facebook should ensure the story will be re-posted and picked up by other social media.  

This story has every chance of rivalling the 'Bingo arrests' of 2013 when 28 tourists were fined for illegal gambling.

No doubt breaking all sorts of by-laws, the parking ticket is reproduced below.

Sounds about right for the earthly paradise that is the Algarve....the leather-faced ex-pats will doubtless approve, can't have people rocking the boat and threatening their property values.

This comment won't go down well with the Gonzo-worshippers:

The prince 2015-06-23 17:55
It cannot be illegal to tell the truth???

Its also not illegal to film the gnr in public place, (except inside
Police station)
But if you film the gnr and they see you they will threaten you with arrest, force you to delete the film or beat you up!!!!
Try it! The gnr are nazis, brownshirts, in jackboots, and they need sorting out these thugs, thieves abd robbers.

Portugal is outlaw police state.

I cannot believe they can prosecute a person for complaing about them on inet, its against freedom of speech!

Portugal is finnished.

The parking ticket - in the interests of free speech:

My friends, this was taken from The Portugal News newspaper:

http://www.theportugalnews.com/news/summer-boost-for-algarve-policing/35051

about "Its also not illegal to film the gnr in public place",

here it is the proof that it is not ilegal to film, the GNR in public place:

http://pedais.pt/wp-content/uploads/2014/04/Patrulhamento-GNR.png

http://pedais.pt/wp-content/uploads/2013/07/GNR-de-bicicleta.png

That idiotic Donn woman has joined in now - yet again, she seems incapable of writing a straight news story.

http://portugalresident.com/wave-of-indignation-as-gnr-prosecute-woman-for-complaining-on-facebook

Wave of indignation as GNR prosecute woman for complaining on Facebook

Faro GNR are going to court over complaints a woman made about them on Facebook. The case follows a fine issued in Fuseta for incorrect parking. The woman paid the fine and claimed the GNR agents took the space minutes later "to go off to eat breakfast". Venting her frustrations online and calling the GNR corrupt has “offended” district command, which has now lodged a complaint citing the crime of defamation.

Explaining the police point of view, Major Marco Cruz told Diário de Notícias: “It was a damaging comment for the agents involved, but also for the institution. The names used effectively compromise the very values and principles of the GNR.”

But as the story does the rounds on social and online news media - receiving thousands of views - it remains to be seen whether the GNR has shot itself in the foot.

Local blogsite Olhão Livre claims situations where police abuse their powers are “becoming more and more frequent” - and that far from keeping quiet about it, it is a civic duty to denounce them.

More to the point perhaps is the alleged defamatory post made by the upset woman. Aside from the fact that she has now deleted it, will this stand up in court as “a crime of defamation”?

Backed by photographs which clearly show the GNR patrol car in the “illegal” parking space (a space destined only for collections and deliveries), the woman wrote: “This is to show the corruption in this country. They take the bread from the mouth of the poor who work all month in order to live. They drive around taking money for disobeying laws, without giving due example. They are corrupt. This is just corruption.”

Facebookers and others have now ensured that what could have been sorted with a face-to-face discussion is now fast becoming the joke of the day.

UPDATE:

Meantime, the GNR have found itself impelled to continue the story, by posting a detailed account of how the agents involved were not eating breakfast at all. Instead, they were “trying to identify the driver of a heavy goods vehicle who had parked in a place reserved for handicapped people”.

In other words, the GNR men were acting “to guarantee the rights of others (handicapped) and not eating breakfast as is referred”.

Adamant that they could “not accept the accusations” levelled against them, the criminal complaint was made to uphold “the good name of the agents involved and the institution” of the GNR.

Unsurprisingly, this latest declaration was shared over 1,760 times and elicited another wave of commentary, both positive and derogatory.

natasha.donn@algarveresident.com


Why are the Portuguese police such sensitive little flowers? Donn's chums on the Hounders - and other hate sites - say ten times worse about the UK police every day.

http://www.algarvedailynews.com/news/5999-faro-gnr-response-to-allegations-of-corruption

Faro GNR's response to allegations of corruption

Created: 25 June 2015

The recent news item 'Faro GNR to prosecute woman for Facebook complaint' naturally has provoked some spirited 'readers comments' so David Thomas from Safe Communities Algarve contacted the man in charge to find out the GNR's point of view.

He writes:

"Safe Communities Algarve have raised this case with the GNR at a senior level which has explained that the only reason why the woman is being prosecuted, is for "defamation" by making a false accusation of corruption, which is a serious crime.


Under Portuguese law making such false accusations against a person or an organisation is illegal.

Clearly her language is the issue here.

They added that the fact that she is complaining on Facebook is NOT the reason she is being prosecuted nor does it matter that she took
photos of the GNR car. If she had complained but had not made the corruption allegation, I have been assured no action would have been
taken.

The GNR receive negative comments and complaints from people on their Facebook page and these are not removed. But there are limits beyond which if you make unproven serious accusations in public then the person concerned will have to bear the consequences.

Unfortunately it is often the case in Facebook that people write without thinking through the consequences, or in the heat of the moment, which may well have been the case here."

It's astounding, Max- especially when you consider the abuse the police in the rest of Europe receive, without throwing a tantrum.

Yes, I agree Bonnie, and how is it that a person mustn't defame the police, but an ex police officer thought he could defame innocent people time and time again.

More jaw-dropping 'Portuguese justice'-

http://pt.blastingnews.com/pais/2015/05/inspectora-da-pj-condenada-a-17-anos-de-prisao-depois-de-ter-sido-absolvida-00414103.html

PJ inspector sentenced to 17 years in prison after being acquitted




The Court of Appeal condemned Ana Saltao to 17 years in prison after she had been acquitted by a jury court. Ana Saltão foi absolvida em Setembro de 2014 Ana Saltao was acquitted in September 2014


Ana Saltoa, the inspector of the Judicial Police (PJ) accused of murdering her husband's grandmother shooting, was sentenced to 17 years in prison by the Court of Appeal of Coimbra. The penalty comes after the September 8, 2014, the defendant was acquitted by a jury tribunal constituted for this purpose. The decision of the Court of Appeal to send Ana Saltaoto prison, known today surprised the defense lawyer, who has already announced that it would appeal to the Supreme Court. The crime dates back to November 21, 2012, when Filomena Gonçalves, 80, was found dead at his home, having been shot with 14 shots.

It was as astonished says he was Monica Quintela, the inspector of the defense lawyer of the Judicial Police, to learn of the Court of Appeal's decision, despite not having also access to their judgment. The lawyer conceded that that court could order a re-trial, but not to apply a prison sentence. Not least because states know well the process and "nothing can allow a conviction," emphasizes the lawyer.

The inspector of the Judicial Police of the Port, about 40, was judged by a jury court as the author of the 14 shots that killed Filomena Gonçalves, grandmother of her husband, also inspector of the Judiciary. When deciding which led to the acquittal of the accused, the president of the judges' collective view that "is the minimum probability" that have committed crimes that were on the accusation of the prosecution. Ie qualified crime of murder and embezzlement, the latter by the alleged use of service weapon to commit the crime. The collective understood, too, that were not clarified all aspects and therefore remained unanswered, pointing the finger at some errors in the taking of evidence by the investigators.

Note that in the wake of that acquittal, Ana Saltao filed a lawsuit against three participants in the SIC program "Dear Julia" , by advertising and slander. In particular, the presenter Julia Pinheiro, the commentator Hernani Carvalho and former Inspector of Judicial Police Carlos Anjos. At issue are statements made by those in a criminal analysis section inserted in that program mornings about the case involving the Inspector of Judicial Police


Pay especial attention to just who had been involved in stirring up the lynch mob against this woman:

three participants in the SIC program "Dear Julia" , by advertising and slander. In particular, the presenter Julia Pinheiro, the commentator Hernani Carvalho and former Inspector of Judicial Police Carlos Anjos

Gonzo was never off her sofa, and Carvalho and Anjos are both Team Gonzo activists.

It's like reading about something from the Dark Ages until you reach the Dear Julia part.  Then it makes perfect sense.  

Isn't Portugal signed up to the ECHR ?

Why then does Dear Julia think this doesn't apply to her and her cohorts ?

The right to a fair trial

Every person charged with a criminal offence has the right to a fair trial under Article 6 of the European Convention of Human Rights, as enacted into UK law by the Human Rights Act 1998.

In the case of media coverage and adverse publicity, if the jury are likely to be swayed by excessive media coverage and this affects the defendant’s right to a fair trial, then the court must do something to mitigate the unfairness to the defendant or dismiss the case altogether.

https://www.contactlaw.co.uk/what-is-the-law-regarding-media-influence-in-criminal-trials.html

I guess they just don't think it applies to that lot?

It certainly doesn't appear to have applied to The Ciprianos. The horror of that piece of Portuguese Justice will stay with me for the rest of my life.

There does seem to be a pattern to it - a clique with its roots in the PJ - or rather, bad elements formerly in the PJ - ignores everything in European law, and stirs up a lynch mob via the media.

Now, I have NO idea whether this woman is guilty or not - that is actually irrelevant. But this latest incident is a complete travesty of anything resembling what is normally understood by 'justice' in modern Europe.

Makes you wonder why they bothered waving carnations around and pretending they had any kind of revolution - they sure didn't change their thinking one bit.

Is this possible in UK? To overturn the decision of Judges and a Jury? I honestly don't know.

However, it does seem a bit of a whatsit to me. She was a Portuguese Police Officer, and there was use of an officially issued hand gun. And I thought she was likely guilty. Unless he committed suicide.

So might she have been acquitted because she was a Police Officer?

I cannot think of a single instance where something like this has happened, Sabot - it's unheard of in genuine democracies.

I have NO idea what happpened in the actual case, and that is pretty much irrelevant. This woman was found Not Guilty by the court - end of. NO genuine democracy has higher courts arbitrarily overturning such verdicts without a retrial at the very least.

Surely, at the very least, there should have been reasons stated, by virtue of evidence, for why they did this.

I would certainly like to hear The Portuguese take on this. Knowing what we do, it just doesn't make sense.

I tried following it in the Portuguese media with the help of googlespeak, Sabot, and am none the wiser. The Not Guilty verdict seems to have been plain and simply overturned - there were a lot of angry comments from Portuguese people about the farce that is 'Portuguese justice', however.

One might wonder why they bother with a Lower Court at all. But I suspect there might be repercussions from this. The World is watching them, whether they like it or not.

You expect decency and mercy from a state that hasn't put its fascist past behind it, especially in judicial and policing matters? You have more chance of being struck by lightning, I am afraid. And the longer this goes on, the harder it will be to reverse as the new intake of lawyers and cops follow the examples of their predecessors. Corruption is rife in those areas of daily life. LL

This is the problem, LL. It's being perpetuated. And they are getting away with it.

The Peasants don't matter and the middle classes want to retain the status quo. And let's face it, it wasn't much of a revolution anyway. The Old School simply reinvented themselves.

http://www.cmjornal.xl.pt/cm_ao_minuto/detalhe/todos_os_meus_direitos_politicos_estao_intactos_e_tenciono_exerce_los____socrates.html

0/24/2015 17:53 Socrates: "My political rights are intact" Socrates says that there was an "abuse of power" by the state. By Lusa

The former Prime Minister Jose Socrates said on Saturday that all his political rights "are intact", pointing out that does not accept the "ban" that you wanted to do in public life and politics of the country. "I accepted this invitation with another goal we want to make clear right from the beginning is that I do not accept the ban that would make me public life and political life in our country," said José Sócrates, at the "Justice and Politics ", taking place in Old Town of radon, Castelo Branco district. In the first public initiative in participating after being arrested at the invitation of the Committee on PS Concelhia Policy, where, upon arrival, was given a standing ovation by hundreds of people, the former socialist minister made it clear that all his "political rights are intact "and intends to exercise them.

Abuse of power "Detaining someone for questioning but at the same time make such an arrest, not an action of justice, but a media spectacle that aims only to punish unfairly, which aims to denigrate, which aims to humiliate and aimed feirir. This, in a democracy, not State has the right to do, "said José Socrates. Socrates says that "there is in our society a hidden power" between "some elements of justice and some elements of journalism." The former prime minister says that the media calls the "public interest" but not there. "Arresting someone claiming to have definitive proof and that after 11 months not present, this is only an abuse of the democratic constitutional state." "You can not govern who has the majority in parliament against it" The former prime minister Jose Socrates defended on Saturday that "should rule who has a majority in parliament" and that "can not govern who has the majority in parliament against him." "(...) It should govern who has a majority in parliament. Better said, can not govern who has the majority in parliament against it, that is it can not rule and that is good democratic rule," said José Socrates.

The former Socialist minister was speaking at the "Justice and Policy" conference, held in Vila Velha of radon, Castelo Branco district, in the first public initiative in participating after being arrested at the invitation of the Committee on PS Concelhia Policy.

Ler mais em: http://www.cmjornal.xl.pt/cm_ao_minuto/detalhe/todos_os_meus_direitos_politicos_estao_intactos_e_tenciono_exerce_los____socrates.html

There's something wierd going on in Portuguese politics just now, reminiscent of Greece. Whatever the electorate want is simply being ignored, and Ma Merkel is calling the tune.

Socrates says that "there is in our society a hidden power" between "some elements of justice and some elements of journalism." The former prime minister says that the media calls the "public interest" but not there.

We know that.  Seen any howls from the Gonc Cheerleading Squad yet, Bonny?