88
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
policeman in question was off duty at the
time and claims to have had only four
lessons in the use of firearms. On 11 April
another officer was convicted of negligent
homicide and given a one year suspended
prison sentence for the fatal shooting of a
man during a police chase in 2005. The
court considered as an attenuating factor
the fact that the officer had never been
trained in the use of firearms.
AI has
repeatedly raised concerns about the lack
of adequate training of law enforcement
officers in this area.
In April the police inspectorate (Inspecção
Geral da Administração Interna, IGAI)
produced its findings in two cases of police
shootings, one of which was fatal, in Porto
in October 2006.
The first incident
occurred on 3 October when one man was
killed and another gravely injured during a
police chase of a car carrying four young
men. A police officer fired five shots at the
vehicle, allegedly aiming for the tyres but
killing one occupant and injuring another.
The police officer was charged before a
Magistrates Court in Porto on 4 October
with attempted homicide and reckless
homicide, and immediately freed to await
trial on the grounds that he had been acting
in the course of duty with no homicidal
intent. He was not suspended from duty.
The IGAI investigation concluded that the
actions of the police involved had been
excessive and recommended that a
disciplinary procedure be opened. In the
second case, also involving a man who was
shot during a police chase, the IGAI found
that the officer had acted in legitimate self
defence and recommended the closure of
the criminal investigation underway.
In June the Office of the Public Prosecutor
formally accused five police officers of
participating in the ill-treatment of a
suspect named Leonor Cipriano in October
2004 during interrogations. Three officers
were accused of torture, one was accused
of failing to prevent the ill-treatment and
one for falsification of official documents.
The police trade union, the Association of
Criminal Investigators (Associação Sindical
dos Funcionários de Investigação Criminal,
ASFIC) declared in May that they
Amnesty International
considered the case “closed” and had
previously accused the Public Prosecutor of
acting in bad faith. The trade union argued
that there was a lack of evidence to support
the prosecution.
On 29 May the seven prison officers
accused of assaulting Albino Libânio, an
inmate of Lisbon prison, on 11 November
2003, were acquitted on the grounds of
lack of evidence (see AI Index: EUR
38/001/2004,
and
AI
Index:
POL
10/001/2005). The acquittal came despite
a report into the incident by the prison
services inspectorate (Serviço de Auditoria
e Inspecção – Delegaçãao Sul) and by the
IGAI which concluded that Albino Libânio
had indeed been assaulted by prison
officers as he had alleged. An appeal was
launched on 21 June to the Court of Appeal
(Tribunal da Relação de Lisboa) and was
pending at the end of the period under
review.
Visit of Committee for the Prevention
of Torture
On 25 January, the Council of Europe's
Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or
Punishment (CPT) published reports on its
ad hoc visit to Portugal in 2002 and on its
fourth periodic visit to Portugal in 2003. The
reports highlighted numerous cases of
alleged police ill-treatment. The majority of
allegations of ill-treatment occurred at the
time of arrest, but some occurred within
police detention facilities. The CPT noted
that
the
main problems were
the
insufficient training of police officers and
the lack of an independent and impartial
body to investigate complaints made
against the police. It recommended better
training and selection procedures, and that
complaints be investigated by persons
independent of the forces implicated in the
incident, with guarantees of efficiency and
speed in the inquiries.
The 2002 ad hoc visit focused on the
situation at Oporto Central Prison. In
previous visits to this establishment, the
CPT had found the prison overcrowded,
AI Index: EUR 01/010/2007
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