Opinion (Rogério COPETO / Official GNR): CHRONICLE OF A MURDER.
"B laid hold of the bottle containing the toxic liquid that he took with him, poured its contents into the mouth and throat M, that was already lifeless, and covered him with wordof half of lycra, gagging her and tying the half around the head, after placing the part of the lump in her mouth, with a view to which it swallowed the such product and better ensure the success of its intention to put an end to to life".
Rogério COPETO
Lieutenant Colonel of the GNR
Master in Law and Security and Homeland Security Auditor
Head of the Education Division / Command Doctrine and Training
The excerpt we started with this article was taken from the first "Final Report" prepared by Retrospective Analysis Team Homicide Domestic Violence (EARHVD), dated 25 October 2017, which conducted the analysis "Homicide situation in the context of domestic violence that was process object No. 2892 / 15.9JAPRT of the Port District This, whose final decision resulted from the High Court against the judgment of the Port of 22/2/2017, adjudicated", the facts of which originated in the complaint, the crime of domestic violence (CEO), presented the GNR Tour Paços de Ferreira, with NUIPC 659 / 15.4GAPFR.
For further clarification on the creation and establishment of EARHVD which began its work last year, We suggest a reading our articles with the title "prospective analysis teams in domestic violence", published in 12 May 2015 e “Homicides in retrospect", publicado no dia 1 November 2016, remembering only that EARHVD is responsible for reviewing the intervention of all the institutions that had intervention in the event of RV which resulted in one or more homicides, looking back and taking as a source of work processes crime of murder, by the courts, to know the acts or omissions which resulted in the death, to correct procedures, preventing homicides in VD context.
For preparation of this Final Report to EARHVD, in compliance with paragraph 4 of article 4-A of Law No. 112/2009 and of article 10 of Ordinance No. 280/2016, It had access to the judgments of the Court of 1st Instance and the Court of Appeal, and other procedural documents, written information provided by Hall Station Commander Ferreira and information obtained in the National Health Service records, still referring to EARHVD that "They were not obtained additional information relevant to the analysis, contacted other entities: Public Security Police, National Institute of Legal Medicine and Forensic Sciences (INMLCF), Social Security Institute, IP and government agency for the area of citizenship and gender equality".
The the previous paragraph raises us a comment concerning the anonymity of participants, such as it provided no No. 3 of article 12 of Ordinance No. 280/2016, entitled "Duty of confidentiality and information sharing", which states that "the final reports of case studies and recommendations may be disclosed to third parties after suitably anonymised", verifying that the provisions has been met for the victims and offender, but it was not to the other parties, since it can interpret that provision broadly to all stakeholders in the process, in particular the Security Forces elements (FS), even because, to the best opinion, the identification of these elements and FS to which they belong, does nothing the report's conclusions, because in theory the recommendations presented will serve for all the FS, should therefore representative of FS territorial jurisdiction and non-permanent member of EARHVD, be referenced by name only.
Considering the documentation consulted, the EARHVD concludes that under the Health Services "there is no record of adopting specific measures to prevent or to have been shared information with other instances intervention", that prosecutors "merely delegate the investigation of the National Republican Guard"And that"risk assessment was not performed or supervised by a member of the National Guard with specialized training to treat these cases", even concluding that "We have not sought other information to that provided by M, as it was not given due weight to his statement that he feared for life", It has therefore been initially assigned the average risk and revaluation decreased down "indicating a poor use of risk assessment tools", not there yet "documentation on the implementation of protective measures established by the National Republican Guard, contained in the risk assessment form, registration very important to ensure control and monitoring".
Even in the face of information gathered EARHVD concludes the existence of two essential critical moments in the worsening of the conflict ("risk triggers"), the first being when the fatality expressed the intention to separate the aggressor, three months before the complaint and the second when the perpetrator was made accused, a month after the complaint, proposing so with regard to the GNR "analyze how developed risk assessment procedures were performed and the security measures of fatality, and also the way of implementing the procedures of investigations, namely hearing the victim and the accused's interrogation", whose investigation took place on the same day, separate for one hour.
Findings on the aforementioned risk assessment are sustained in the documentation contained in the process and on auscultation of the Commander of Paços de Ferreira Desk, who provided all clarifications requested, referring to EARHVD that were not marked at least four items of risk assessment form "And they could have been inquiries and consideration, if the source was not only the victim's statements", as well as "police element that fills can assign a different level of risk that the automatic calculation results, based on the information gathered and their experience profissional”, fact that could have contributed to increase the level of risk, referring however EARHVD, regarding the price of risk factors have equal weight, than "in our view, It should be reconsidered in a future revision".
On victim protection measures to EARHVD states that "no initiative was taken by the MP as protection measures for the victim"And that the GNR despite having taken the implementation of some measures, after request for clarification "He replied that were 'taking into account the operational availability of means', and as to its documentation clarified that "these actions intend to proactive, It is properly determined the military, without being bound in the written form", considering the EARHVD be very important documentation of the implementation of victim protection measures, "to ensure control and monitoring".
As a result of the findings referred to EARHVD presents recommendations to the area of health and safety area, recommending to the latter "the assessment of risk to the victim (use of chip RVD-1L and RVD-2L) to take effect, as a rule, by professionals / as and experienced in the field of domestic violence. If this is not feasible in this case show, that is overseen by experienced personnel / a, within a period not exceeding 48 hours", still recommended "that the measures of implementation of protective measures and security plans defined for the victim, as well as incidents of implementation, They shall be registered in the document itself, it will be with the criminal proceedings, so that you can know and monitor their effective implementation", ending referring "that the hearing of the victim and / the abuser / a is, as a rule, performed on different days, so as to better ensure that the protection".
We finished recalling that EARHVD has the task of carrying out the analysis of all homicides, by the courts, that have occurred in the context of VD, in order to reduce the incidence of homicides related to this phenomenon and improve the delivery of support services to victims and rehabilitation of offenders, sustaining this analysis a philosophy of impartial evaluation of the events leading up to the murder, order to uniquely identify and recommend improvements in responses from all institutions involved, monitoring progress in the implementation of these recommendations, designing and disseminating guidance and good practice, which should have the effect of no occurrence of the same omissions leading to the death of the hands M B, on 27 September 2015.
