Africa-Press – Cape verde. A public petition is circulating to revoke the mandate of Damião Medina, following comments made by this MPD deputy on Facebook about the demonstration held on the 19th, in the city of Praia. As far as A NAÇÃO has learned, there is no legal basis to support this desire of the authors of the petition. There is not even the body that could take care of the matter.
The petition of a group of citizens, asking for the cancellation of the parliamentary mandate of Damião Medina, and which at the moment already has 1500 signatures, it seems, does not have legs to walk.
Damião Medina, elected from the MpD in Santo Antão since the previous term, sentenced to two years in prison, converted into a three-year suspended sentence, for having physically assaulted his partner, could also be resolved, within the scope of Parliament, if the Commission of Ethics, created following the last revision of the National Rules of Procedure, had been regulated.
Parliament without ethics committee
In fact, more than four years have passed since the last revision of the Rules of Procedure of the National Assembly, published in the Official Bulletin, Series I, of 21 June 2018, and this important instrument, to safeguard the image and proper functioning of Parliament , is still awaiting a resolution
that regulates its composition, competence and functioning.
Without this entity, it is very unlikely that initiatives such as the one taking place against that parliamentarian will have legs to walk.
Asked about the reasons for the delay in the implementation of the Parliament’s Ethics Committee, the president of the National Assembly (PAN), Austelino Correia, explained to A NAÇÃO that this instrument was created at the level of the Rules of Procedure, which referred it to the regulation that has not yet was made.
The PAN guarantees that this matter is currently on the table, together with the Parliament reform package, which will imply a new review of the regiment, the organic law of the AN and the code of ethics, clarifying that “the Ethics Commission itself does not is regulated”.
However, according to Austelino Correia, it is very likely that the Parliament reform package will be scheduled later this year.
But “it will depend on the Parliamentary Groups that have the legitimacy and competence to move forward with initiatives”.
The PAN recognizes, however, that the Ethics Commission is sorely lacking in Parliament.
“The majority of the deputies behave very well, without being so-and-so in their interventions and without attacking character.
But we still have some deputies who make more incendiary interventions”, highlighted Austelino Correia, stressing that it is urgent to implement the Ethics Commission “to improve the image of Parliament”.
Political combat and social networks
Regarding the behavior of some deputies in society and through publications on social networks, Austelino Correia says that, personally, he believes that certain positions and behaviors should be avoidable.
“Political combat is healthy, but the deputy has his own stage, which is Parliament.
Perhaps, it would be better to make certain interventions from the Parliament, or else, when using social networks, the interventions of the deputies should be done with some pedagogy, in order to form and inform public opinion”, highlights Austelino Correia, stressing that “the deputy is seen with a mirror and, therefore, must always pass good things out”.
Alternative to revocation of mandate
As it will not be possible to revoke the mandate of Damião Medina, according to a jurist contacted by A NAÇÃO, the alternative would be for the MpD to demarcate itself from this deputy and citizen, through its Parliamentary Group, to avoid any “toxicity” that it could cause in the within the majority bench.
Ultimately, according to our interlocutor, this “demarcation” could be the expulsion of the person concerned from the Parliamentary Group, or lead to his resignation, hypotheses that seem very unlikely at this moment.
Even so, for the eventual expulsion of the visa, the MpD bench could argue with moral and conduct issues, taking into account the profile of a certain conflict of this deputy with the voters.
But also, in general, due to the fact that he was convicted of a crime of GBV (Gender-Based Violence), which, nowadays, is very repudiated by Cape Verdean society and by some of our external partners. , especially the United Nations system.
But, if expelled from his parliamentary group, Damião Medina would become an independent deputy and the MpD Parliamentary Group, which has only four more deputies in relation to the opposition, could be defrauded at certain times.
Statute of Holders of Political Offices
On the other hand, the Statute of Political Position Holders is very laconic in relation to the possibility of canceling the deputy’s mandate, by establishing in paragraph c), in article 12 of Law nº 85/III/90, of 6 October, only that “it is the duty of holders of political positions, among others, to behave in public and private life, in an exemplary manner in accordance with the principles and values that guide Cape Verdean society”.
However, according to the jurist consulted, this rule is “very vague”, because “it lacks some sedimentation”.
“Society is quite heterogeneous and it is necessary to specify which are the principles and values that guide Cape Verdean society”, underlines this specialist who believes that this norm may lead to different interpretations.
The Statute of Deputies, on the other hand, is very restrictive in relation to this matter.
In terms of duties, the closest thing to Damião Medina’s case is subparagraph c) of paragraph 1 of article 22, which says that it is the duty of deputies “to perform the positions and functions for which they are designated, under the regimental terms, and contribute to the dignity, effectiveness and prestige of the National Assembly”.
Re-ignition of the “case”
The Damião Medina “case” has reignited in recent days, when this deputy, who was sentenced to two years in prison, converted into a three-year suspended sentence, for a crime of GBV, intended to attack the
participants of the Sima Nu sta Nu ka podi demonstration. fika”, held on the 19th, in the city of Praia, calling them “weaned goats”.
Because of the comments considered insulting by this MPD deputy, elected by the Santo Antão constituency, a public internet petition was launched addressed to the PAN, Austelino Correia, asking for the removal of the mandate of Damião Medina, who was tried and convicted by GBV
In October 2021, the Court of the District of Porto Novo, Santo Antão, judged at first instance, this GBV case that had been going on for four years.
With parliamentary immunity lifted in August of the year, at the request of the Attorney General’s Office, the MpD deputy was able to be heard, tried and sentenced, in the first instance, to a
suspended prison sentence of three years.
It should also be noted that the GBV case of which Damião Medina was accused took place five years ago, when the Porto Novo Health Center alerted the authorities about a patient allegedly assaulted by the national deputy. Even so, he was once again included in the list of candidates presented by the MpD in Santo Antão.
For More News And Analysis About Cape verde Follow Africa-Press
