Africa-Press – Cape verde. The judges of the Constitutional Court decided not to declare the unconstitutionality and illegality of the resolution of the Permanent Commission of the National Assembly, which lifted the parliamentary immunity of deputy Amadeu Oliveira, with a view to his arrest.
The decision was taken seven months after a group of 15 deputies decided to proceed, on May 5, 2022, to the Constitutional Court (TC), requesting a request for successive abstract inspection to analyze the case.
Those elected understand that, contrary to the provisions of the law, Amadeu Oliveira was held in preventive detention, without a final ruling being issued, a measure they considered mandatory for the detention of a deputy outside the flagrante delicto.
the contestation
The deputies’ response was related to doubts about the legality of the decision taken in July 2021, by the Permanent Commission of the National Assembly, at the request of the Attorney General’s Office (PGR), to lift the parliamentary immunity of the deputy, to be heard in a of the processes in which he was indicted, having been held in preventive detention.
Subsequently, the collective of judges of the TC decided, last Wednesday, 01, not to declare the unconstitutionality and illegality of the resolution of the Permanent Commission of the National Assembly.
the case
A critic of the country’s justice system and the author of the escape from the archipelago of a man convicted of murder, the lawyer was also arrested on 18 July.
Two days later, the Barlavento Court of Appeal, on the island of São Vicente, applied preventive detention to Amadeu Oliveira, who was elected deputy in April 2022, on the lists of the União Cabo-verdiana Independente e Democrática (UCID), the third politics in parliament, with four deputies.
Taken to trial, the panel of judges of the Court of Appeal of Barlavento, which judged the case, sentenced the deputy to a sentence of seven years in prison, which resulted from the legal accumulation of the conviction for two of the four crimes that Oliveira was accused of .
He was also acquitted of the crime of coercion or disturbance of the functioning of a Sovereignty Body and of one of the two crimes of offending a legal person.
The conviction of Amadeu Oliveira for a crime of responsibility also implies, according to the judgment, the loss of mandate as a deputy to the National Assembly.
The court also determined that when the conviction becomes effective (transit in rem judicata) the defendant will be prevented from being re-elected and from holding any other political office for a period of four years, counting from the end of the seven years of effective imprisonment.
Amadeu Oliveira was also sentenced to pay the costs of the process, which was set at 118,000 escudos, and will remain in preventive detention until the final judgment is reached.
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