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The Government has provided false information to the Council of the European Union to justify the choice of the Portuguese representative in the EPPO. Portugal was one of the three countries that did not accept the decision of the International Selection Committee, which had chosen another prosecutor to fill the position.
The international jury chose Ana Mendes de Almeida for the position
Among the three Portuguese candidates for the position of European Prosecutor, Ana Mendes de Almeida took first place in the selection of the International Selection Committee, which evaluated the resumes and interviews of the candidates.
However, the magistrate would ultimately not be elected. The position was held by José Guerra – runner-up – thanks to the direct intervention of the Portuguese government.
Executive decision justified with false information
In a letter to which SIC had access, sent to the Council of the European Union in November last year, the Executive justifies the change with information that is not true.
Guerra presents himself as Deputy Attorney General of Justice, the highest category of the Public Ministry, but in fact the magistrate has not yet arrived. The error is repeated six times throughout the document.
In addition to José Guerra’s international experience, especially as a member of Eurojust, the government letter delivered to the Secretary General of the Council through the Portuguese ambassador to the European Union praises the work of the magistrate in Portugal, but there are also erroneous elements here.
It is said that the Prosecutor’s Office directed section 9 of the DIAP, identified as the largest national agency in the fight against economic and financial crime when, in reality, It is the DCIAP, where Guerra has never worked, which investigates the most complex cases of this type of crime.
There is also a third false information in the letter, when it says that José Guerra had a position of investigative and accusatory leadership in the so-called UGT process. The case, already over 20 years old, that put Torres Couto on the bench, he was actually investigated by three other prosecutors, who drew up the accusation. Guerra was only the magistrate who was present at the trial, as confirmed by the SIC itself.
José Guerra guarantees that he had no responsibility in the preparation of the letter
Speaking on the phone, José Guerra guarantees that he had no responsibility in the writing of this letter and says that the wrong references they can only be lapses They don’t add or take anything away from your resume, which is public.
Contacted by SIC, the Minister of Justice says that this is a private process. So even without denying the lyrics, Francisca Van Dunem declines to comment the document and the information that your services provided to the City Council.
The minister reiterates, however, that José Guerra has the best profile for the position.
Unlike 19 other countries, which followed the recommendation of the independent jury, only Belgium, Bulgaria and Portugal decided to challenge the proposal and indicate the name that they thought would be best suited for the body that will investigate community money fraud.
Ana Mendes de Almeida has already filed a complaint with the European Ombudsman.
