Africa-Press – Cape verde. The Constitutional Court (TC) dismissed all appeals that lawyer and deputy Amadeu Oliveira filed against the decisions of the Supreme Court of Justice (STJ), which confirmed his sentence to seven years in prison.
This Tuesday, the 23rd, the TC published three rulings on the Amadeu Oliveira case, namely ruling no. 6/2024, where it dismissed the request for nullity of ruling no. constitutionality, filed by Amadeu Oliveira’s defense, in which he requested a declaration of the unconstitutionality and illegality of resolution no. 03/X/2021, of the Permanent Committee of the National Assembly, which supposedly authorized the defendant’s detention.
Judgment No. 7/2024 is about Constitutional Amparo Appeal in which Amadeu Oliveira’s defense alleges that the Supreme Court of Justice (STJ), by confirming his conviction, violated the right to appeal because he was judged by a territorially incompetent court.
In the appeal, the defense also alleges a violation of the guarantee to natural justice by refusing to claim that he was allegedly convicted by a court whose composition was tampered with in certain phases of the process and that he was allegedly judged without the process having been distributed. in the trial court, and also the violation of the guarantee of the presumption of innocence.
According to the published ruling, after assessing the substantive issues, the TC’s advisory judges, meeting in plenary, decided that the STJ, by confirming the conviction through ruling no. 137/2023, did not violate the right to appeal of the appellant, did not violate the guarantee to natural justice and did not violate the guarantee of the presumption of innocence.
Therefore, the panel of judges decided not to grant the request for constitutional protection and ordered the appellant to pay the costs of the case.
It also published ruling no. 8/2024 regarding the last pending Concrete Inspection Appeal regarding the Amadeu Fortes Oliveira case.
In this ruling, the TC decided not to deem unconstitutional the rule attributed to the STJ’s interpretation of article 158, according to which the incident of territorial incompetence must be raised before the beginning of the trial hearing, instead of simply until the beginning of the hearing, as it does not contravene the principle of natural justice, nor the right of access to justice through a fair and equitable process.
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.
For More News And Analysis About Cape verde Follow Africa-Press
