Four of the seven soldiers from the GNR Post in Vila Nova de Milfontes, county of Odemira, in the past day 10 January were condemned by a Collective of Judges (CJ) of the Court of Beja for torturing and humiliating Hindustani immigrants, appealed to the Court of Appeal of Évora (THREE).
The main applicant is RĂşben Candeias (na photos), who was sentenced to an effective prison sentence of 6 year old. The others are JoĂŁo Miguel Lopes (4 years and 2 months), Nelson Lima (2 years and 6 months) and Nuno Andrade (1 year and 3 months), whose sentences were suspended in their execution.
In convictions applied by the Collective of Judges, in July 2020 in the previous process with the same criminal contours, JoĂŁo Miguel Lopes was sentenced to 5 years in prison, RĂşben Candeias a 4 years and Nelson Lima the 3 years and 6 months. All these sentences have been lifted, but the juridical combination of the two processes will lead the defendants Lopes and Lima, serving effective prison sentences.
In the appeal presented to the Judges of the TRE, the defense of Rúben Candeias, argues that the defendant should have been punished with a single penalty that did not exceed the 5 years and suspended ma execution. António Santos Alves goes further, arguing that “the judgment in response must be revoked and replaced by another in line with the reasoning, acquitting the defendant, ends.
Regarding the testimony of Sergeant LuĂs Robles, commander of Milfontes Post, identifying the defendants, among them Reuben, the lawyer accuses the CJ of having promoted “a prior conditioning of the witness by showing other probative elements (patrol guides and rosters)", justifying that “only faced with being subject to criminal proceedings for committing the crime of false declarations did the witness advance in his testimony”, He defended.
In turn, the defense of João Manuel Lopes, argues that “guilt is a necessary condition, since not enough, the application of the penalty”, argues that the conviction of 4 years and 2 months in prison and the suspension of functions in the GNR for 42 months to which the defendant was subjected “is inappropriate and disproportionate and the judgment should be reviewed”, defending the lawyer that “a single penalty not exceeding 1 year and 8 months and revoked the application of the accessory penalty of the prohibition of the exercise of functions”, ends.
Nelson Lima's defense, also calls into question the assessment made by the court of the testimony of sergeant Robles, which “led to a notorious misapplication of the law to the facts”, adding that regarding the use of pepper spray by the defendant, when the witness was questioned “the presiding judge does not let her answer, answering himself, ends. Nelson Lima's representative points the finger at the Public Prosecutor's Office (MP) in conduct towards the commander of the post: “from the moment the MP ordered the extraction of a certificate to instruct criminal proceedings, never again did the military testify with spontaneity and impartiality”, ends. The lawyer maintains that the decision on her client “must be revoked and replaced by another one that absolves the defendant of committing all crimes”.
Also the defense of Nuno Andrade, ask for your client's acquittal, claiming that “there is insufficient factual evidence. There is an irremediable contradiction in the reasoning, between established facts and between those facts and the decision”, summed up.
Diogo Ribeiro sentenced in 2 years in prison, Carlos Figueiredo and Paulo Cunha, in 1 year and 6 months each, decisions suspended in their execution, did not present resources in the TRE.
Teixeira Correia
(journalist)
