Africa-Press – Cape verde. The Constitutional Court (TC) has just dismissed the appeal for concrete review of constitutionality filed by Amadeu Oliveira’s defense, and the Supreme Court of Justice (STJ) has been appealed.Amadeu Oliveira’s appeal was aimed at contradicting the decision of the STJ in ruling No. 137/STJ/2023 of 20 June, which had confirmed the appellant’s sentence to a sentence of seven years in prison, loss of the mandate of deputy and prohibition from running for any public office for a period of four years, after serving the prison sentence.
In the appeal, the defense asks for the unconstitutionality and illegality of Resolution No. 03/X/2021, of the Permanent Committee of the National Assembly, which allegedly authorized the detention of the accused and a series of rules, which from the defense’s perspective, were misinterpreted and poorly applied by the STJ.
Through ruling no. 1/2024, to which Inforpress had access, the TC collective unanimously declared that it did not know the issue of the unconstitutionality and illegality of Resolution no. 03/X/2021, of the Permanent Committee of the National Assembly.
He also declared that he was not aware of the unconstitutionality and illegality of the content of the rule provided for in article 158 of the Code of Criminal Procedure (CPP), in order to extract a rule according to which the incident of territorial incompetence must be raised before the start of the hearing. trial, instead of simply being until the beginning of the hearing, which constitutes a restriction of the scope of the fundamental right to be judged before the judge – Natural Court of Cause.
In this sense, it decided “not to declare the unconstitutionality of a hypothetical rule applied by the STJ in the exact sense that the deputy only has the right to the privileged forum of answering before the collective court of judges who make up the court of second instance, that is, before the court of relationship, in the trial phase, but not in the instruction and ACP phases in which the deputy responds to a single judge, as it does not constitute any violation of the deputy’s guarantee provided for in paragraph 4 of article 170 of the Constitution of Republic”
On the other hand, it dismissed the appeal filed by Amadeu Fortes Oliveira and ordered him to pay legal costs in the amount of 90 thousand escudos.
Deputy and lawyer Amadeu Oliveira was sentenced on November 10, 2022, to a single sentence of seven years in prison for committing the crime of attacking the rule of law, in a trial that lasted 72 days, which began on August 29 2022 and concluded on October 11th, the day of the final arguments.
Amadeu Oliveira’s conviction for a criminal offense also resulted in the loss of his mandate as deputy to the National Assembly, as he was elected on the lists of the Independent and Democratic Cape Verdean Union (UCID) for the São Vicente constituency.
The court also determined that when the conviction becomes effective (final and unappealable), 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.
At issue are several accusations made against judges of the Supreme Court of Justice and the flight from the country of his constituent, Arlindo Teixeira, sentenced to house arrest in São Vicente, and who fled to France with the help of Amadeu Oliveira.
Arlindo Teixeira was a constituent of Amadeu Oliveira, a strong opponent of the Cape Verdean justice system, in a process that he considered to be “fraudulent”, “manipulated” and with “falsification of evidence”.
Amadeu Oliveira publicly admitted, in parliament, that he planned and carried out the escape of the convict, for whom he was a defense lawyer.
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