The Role of Parliamentary Immunity in Portugal
In a recent report, Diário de Notícias da Madeira examined whether only the president could request the lifting of his political immunity. Things are clear: the court also has the power to remove a president's immunity. However, it has not taken this step to date. Why?
The Thing About Parliamentary Immunity
Parliamentary immunity in Portugal is designed to protect lawmakers from being prosecuted for actions directly related to their official duties. This constitutional safeguard ensures political independence, but it is not absolute. If there is strong evidence of a serious crime, immunity can be removed, enabling legal investigations to proceed.
However, even though the President of the Regional Government has not requested the removal of his parliamentary immunity, the court could have requested it based on the Public Prosecutor's grounds, if it deemed necessary.
No member of the Council of State may be detained or arrested without the Council's authorization, except for a crime punishable by a greater penalty and in the act of committing the crime.
Statute of the members of the Council of State, in Chapter III, relative to immunities, article 14
Miguel Albuquerque’s Enjoys Double Immunity
Miguel Albuquerque, President of Madeira’s Regional Government, enjoys both immunity from his position as president and additional protections as a member of the Council of State (Conselho de Estado). According to the Council’s rules, its members cannot be detained or arrested without the Council’s approval, except in cases of severe crimes or when caught in the act.
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Why Haven’t the Courts Acted?
Courts have the authority to request the removal of Albuquerque’s immunity based on evidence presented by the Public Prosecutor. This process has been used in similar cases. For instance, in late 2024, several officials in Madeira had their immunities removed as part of the Ab Initio investigation. This included Health Secretary Pedro Ramos, Finance Secretary Rogério Gouveia, and Infrastructure Secretary Pedro Fino, following a formal request to Madeira's Legislative Assembly.
Despite this precedent, no such request has been made in Albuquerque’s case, raising questions about why the courts have not pursued this further?
If the courts or Albuquerque himself act, his immunity could be lifted, paving the way for questioning by the authorities. Until then, public debate over parliamentary immunity and its perceived misuse is likely to continue.
Albuquerque Requested to Be Questioned by Prosecutors
Albuquerque at least once asked to be heard by the prosecutor’s office. In a statement from April last year, he said the following:
What I asked, and said, was to be heard in the process. And I have the right to be heard. My lawyer has already requested for me to be heard in the process... I must be heard. I have already asked to be heard. And this is not a matter for the Council of State, it is a matter to be decided by the Public Prosecutor. I want to be heard to clarify things, but so far, no one has called me... I have immunity by virtue of my position, but I asked to be heard, and when I am called, I will certainly be heard.
The Process of Lifting Immunity in Detail
The procedure to lift the President's immunity involves these steps:
Evidence Presentation: The Public Prosecutor’s Office submits evidence indicating involvement in serious crimes.
Request by the Courts: If the evidence is compelling, the courts can formally request the suspension of immunity.
Legislative Approval: If the individual is a deputy and / or a member of the Council of State (like Miguel Albuquerque), the request for immunity suspension is presented to the Legislative Assembly for review and voting.
Decision: The relevant body evaluates the evidence and determines whether to lift immunity, enabling further legal action.
How Can He Be a Defendant Without Being Questioned?
Being named as a defendant does not require that the person has been questioned yet. In legal proceedings, an individual can be formally named as a defendant based on evidence submitted by the prosecutor, even if they haven't been formally interrogated. This is often the case in complex investigations where the prosecutor might want to gather more evidence or pursue a legal strategy before proceeding to direct questioning. In summary, the lack of direct questioning is related to the need to address immunity first, and possibly strategic decisions by the prosecutor’s office.
Source: Diário de Notícias da Madeira
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