6 December 2010

EU Parliament - Directive paves the way for a Faster Investigation


Nuno Melo is the rapporteur of a directive proposal which would make different the Freeport and Maddie Cases. The Constitution is an obstacle. 

by Eva Cabral

The European criminal system may be on the verge of a revolution. So says the CDS-PP* MEP Nuno Melo, who is the rapporteur of the directive proposal - European Decision for Investigation - that “will revolutionize the European criminal system as we know it today, which intends for a judicial authority in one country to be able to order the obtainement of evidence abroad, such as hearing witnesses, search and seizure, interception of telecommunications or other, based on the so-called principle of mutual recognition.”

Nuno Melo stresses to the DN, that if, to cases such as the Freeport and the Madeleine McCann - which had at stake investigative steps to be carried out in at least two countries (Portugal and England) - the proposed directive was applied, “English or Portuguese magistrates could, by themselves alone, order reciprocal diligences to be done in another country without needing to observe the many legal and bureaucratic impediments that exist.”

This European Decision for Investigation is thus intended to legislate, in order to implement new rules of criminal investigation, at a transnational level, which will oblige all countries regarding the matters of gathering and obtaining evidence.

Generically, the major objective of this proposal is to create a single, flexible and efficient instrument, to obtain evidence located in another Member-State in the scope of criminal proceedings.

This is a co-decision legislative process, for which Nuno Melo was appointed rapporteur of the European Parliament regarding matters of police and judicial cooperation in criminal proceedings. Initially it was presented in seven Member States: Austria, Belgium, Bulgaria, Estonia, Slovenia, Spain and Sweden.

This week, Nuno Melo will meet with the so-called shadow rapporteurs of the various benches of Parliament, “waiting still, for the delivery of supporting documentation in order to verify which is the highest common denominator in view of the internal 27 EU countries legislation.”

The MEP states “that there are countries where some of the original norms of the proposal may enter in conflict with the constitution, particularly regarding issues of sovereignty.” This, he added, “is Germany and Portugal case, which is why one assumes the need to improve the source [starting] text first.”

In Portugal, the CDS-PP MEP will promptly seek hearings with the Attorney General's Office (PGR), the Supreme Magistrates Council, as well as with all the parliamentary groups, in order to assess the national sensibility towards the directive proposal. “This will necessarily, at a later stage, be transposed into Portuguese law by the Parliament.”

Overall, Nuno Melo stresses that he wishes for the directive to have made significant progress in the beginning of next year.

“Independently of the outcome that this directive proposal will achieve, it is clear that the current freedom of movement of persons, without border control in the whole space of the European Union, potentiates a greater easiness in committing crimes, which, by grounds of common sense, justifies as well a greater interaction and readiness of criminal investigation on an all Member States scale”, he told the DN.

*CDS-PP: Portuguese Centre-Right wing party - People's Party

in Diário de Notícias


21 comments:

  1. Thank you so much for this, Joana! I was @44. We will no doubt have to wait now :“This will necessarily, at a later stage, be transposed into Portuguese law by the Parliament.” Hopefully this will then influence the decision making also as far as the mccanns are concerned. Please let it be sooner rather than later. In the meantime......life goes on and the two little mites left in the mccanns care have to sit it out as well. They have no idea of the dramas around them or do they?

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  2. 44 now @1 :) you're welcome, regarding this directive proposal I'm not totally sure that is a good thing for us, citizens, namely the bit regarding «the current freedom of movement of persons, without border control in the whole space of the European Union» - in an increasingly turning-right Europe, where racism is a concern - even though what Nuno Melo states is true regarding the facilitation of traffic, human, weapons and drugs - I still feel somewhat uneasy as to what the CDS-PP, or the MEP, is actually proposing. I have not yet read the proposal directive so I cannot comment much on it, obviously - but I wonder how effective this proposal would really be, if voted as a common legislation for all the EU Member-States in the scope of Madeleine case. Let us imagine that an English Judge, or an English prosecutor would indeed ask for the case process to be re-opened, for example on this grounds. Now, let us look at the facts based on the process itself that is out of secrecy of justice such as the information that was requested regarding the Tapas group and McCann couple finances, at what was stated in court by the PJ officers early on this year regarding the McCanns injunction to the former Maddie Case PJ's coordinator book, on the book itself, and to the level of political aid and mediatic(spin doctors) interference given to a couple that was considered as suspects of committing rather more than one crime. How would this directive proposal span out in a real Police investigation? Can you see the Portuguese Judiciary Police working on English soil without further obstructions and other impediments?

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  3. addendum - even if the PJ didn't have to carry out the investigation on English soil, even if the prosecutor was of Portuguese origin [though I don't see any prosecutor doing that any time soon for self-preservation motives, unless there are a few brave men out-there in the Portuguese Magistracy willing to become targets of an orchestrated defamation media campaign], and even if we reverse the origins of each integrant party of this hypothesis, the same question(s) remain.

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  4. Joana I agree with you; I doubt that if this proposal were enacted that the Portuguese police would no longer be impeded from obtaining the evidence they requested in regards to both these cases. It is evident to me that behind this couple there are powerful individuals with a vested interest in protecting them. Not only were these individuals instrumental in bringing the investigation to a halt but they are also enabling this couple to make a lucrative living out of their daughter's tragedy.

    What this article does is affirm what the Portuguese police declared about both cases, i.e. that the English authorities did not cooperate with the Portuguese police. Freeport and Madeleine are dissimilar cases, although, it is my belief that the outcome of one was predicated on the outcome of the other.

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  5. And I wholeheartedly agree with you dear Guerra, unfortunately it does seem to be the case...

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  6. Thanks Joana for bringing this news item to us. As so often happens, EU legislation happens by stealth, almost a "Somebody Else's Problem" shield on it that results in the citizenry of member states remaining indifferent until it is too late to do anything about it.

    On the surface, it appears that this would have been a positive thing to have had in place as the McCann case unfolded. The many difficulties faced by the Portuguese police in the investigation, including the McCanns high-tailing it out of Portugal with impunity as soon as they were made arguidos, the flat-out refusal of them and their holiday friends to cooperate with the police subsequently, the difficulties in obtaining basic information such as medical records and mobile phone records, and the diplomatic delays and difficulties in conducting the second round of questioning of the McCanns and their friends (the rogatory interviews), would perhaps have been reduced if this legislation had been in place at the time.

    I've not read the directive so this is speculation... but on the surface it would seem to be a positive step. The negative is that it steps on the sovereignty of member nations. But Ireland has recently found exactly what that is worth... The EU must become stronger in order to survive, in my opinion. The alternative is failure... especially in light of the current Euro crisis, which is currently threatening the whole structure. (Side note: UK people who talk about PIGS, PIIGS and PIIIGS should have a look at our own financial situation. It is not pretty!)

    The jury is out on this one but it does sound rather promising.

    I still live in hope for justice, whereever it may lead!

    --Trismegistus

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  7. I don't see the English police colaborating with the Portuguese.
    It will remain the same shit, I guess.
    But at least this will scare the McCanns.
    They will continue with their restless lives, worried every moment of the day and of the night.
    I believe the truth will come from one of the Tapas 11,12.
    Not even from the Portuguese or from the English police.
    Some day there will be trouble among them and one of them will tell.

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  8. Did the McCanns ever promised they would prove that there was an abduction?
    I think they did.

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  9. I fully support this idea. In a Europe without borders, it makes no sense for police investigations to be halted because there are no clear rules on co-operation in criminal investigations.

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  10. Mccann's, this is "Amber Alert". The response you deserve from responsible people in the European community. Off-course, since the crime has no "frontieres", the investigation and the "chemins" for the police must have "no obstacles" in order to achieve justice and promote the safe of everybody. There is a risk to promote racist behaviour in some disturbed people, but I think what the public can benefit is much more then what we can lost. Racism is used today many times, behind scenes, with camouflage. The British tabloids are a perfect example of that and nobody stand up against them to highlight their poor skills on the service they are trying to sell, DESINFORMATION AND FABRICATED NEWS, sell ed as ACCURATE INFORMATION AND TRUTHFUL NEWS.
    The last time that I saw the European deputy's criticising racist behaviours was the Portuguese, against Tony Parson's. But the rest of Europe sleep on their usual lethargy and just wake-up to fit their political agenda when they criticised Sarkozy with his resolution against the Romanian Gipsy's. Hypocrisy, because in reality they don't care about the Romanians or that Gypsy's, who really have to learn how to respect the citizens of the countries they are crossing if they want to be respected. If I was a French citizen scared everyday on the streets of my town by that Gypsy's who have no work and are trying to survive under the social care of who work honestly, or under other dishonest and danger ways such is robbery and traffic, I will have probably the same point of view, as Sarkozy. They are really disturbing and only when we face this issues in our day life, we can evaluate them. My daughter went on a school trip to Paris and when she was visiting the "Tour Eiffel", a group of Romanians assault her and some of her friends to stole from their hands pop-corns and cokes with violence and insults. It was a very scare moment for teachers and students and some end-up injured because they pulled their hairs, scratch them and pull them to the floor. Who have power cannot close the eyes and let the things going on without acting. Tomorrow will be worse and too late.(CONT)

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  11. CONT:
    Racism is a different situation. Racism is a gratuity insult made against pacific people, by who want to promote his narcissism. This is what Mr. Parsons do every time he talk about Portugal. This is what British editors do every time they refuse to support and give a voice to a Portuguese police that just write a book to explain the facts grabbed by a joint investigation. This is what poor skilled freelancers do, every time they accept to be paid to misinform the public.
    We know that touching the interests of some powerful groups is quite danger and uncomfortable. The wikileaks, are facing the angry of the power now. Maybe will be a good idea for them to shift the subject and let the things with American diplomacy to cool down a little bit. I believe, on their travel inside diplomatic world, some in Portugal according to the documents they already release involving Portugal, they touch documents related with Madeleine investigation. They will do a great work on the behalf of all childs in the world if they shift into Madeleine case. The disappearance of that girl was not a domestic problem, like many other disappearances. Her parents transform the crime into a global issue with the Pope, Oprah and some world politics involved in the saga. I don't understand what a case of a girl that disappeared in a small town in Portugal have to do with USA or the Vatican or Morocco's or other countries that the Mccann's urge to travel and try to manipulate their political power, while promoting a Fund that survive under public donations, if they don't spent a minute outside of their flat to search their girl on the first hours after she went missing. The case become global and deserves now the attention of the world. We need to understand why Portugal got manipulated by UK. Why UK perverted the investigation and did not help one of their childs to achieve justice. This is really disturbing. What Portugal have done against his top police is disturbing and deserves a big and formal explanation from the political and the justice power. The behaviour of the powerful people in two European coutrys show how poor is the safe of the childs when their family fail to protect them. Unfortunately it is more common then what was supposed to and then what the fragile childs deserve- A lot of them don't need to get out of their house doors or out of their beds to get abused and under a big nightmare and pain. It is for that kind of victims that Madeleine become global and very important. We have to e-mail the wikileaks and highlight the all case, even if I believe that they already know it.

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  12. Let us be of a positive mind in believing in the scales of justice and the people who serve in this capacity, that something will be undertaken as their training and professions require, that everything possible is being done to clear up the happenings in the now dark apartment, the huge black blot this family left in the landscape of PdL.
    Let us support the thinking that this little girl also has the power, wherever she is, to motivate all of us to not forget about her, we have so far kept it up for 3 1/2 years. And she has the power to keep her smug parents restless, anxious, sleepless and friendless. The parents who cannot take responsibility, who know why they were not looking for her and are resting on the decorations they have been demanding from an unsuspecting community, toothless media, relying on rich friends and the still ignorant people to bale them out financially, prepared to have other people found guilty for their very own sins, the unforgivable acts of persecuting others, they do not mind how many victims they leave in their wake, to insist on the lies which by now will hopefully be catching up with them soon. Surely our laws are strong enough to deal with them.
    The dentist, the double murderer, is also a very religious man. Have we not read that one of the parents of this child is so religious.
    Let us believe the law will take its course and that the wheels are turning as we are all watching and waiting.
    Some cases seem to take longer but lets hope that someone in the 'party' is consciencstricken and penitent and will undo and spill the entire contents of the, for now, canned details everyone is waiting for.
    Power to the innocent! Power to Justice! Power to Whistleblowers! Power to the truth!

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  13. Guerra
    I always like your posts! If anyone looks carefully at the existing PJ documents in the public domain, it doesn't take much except some focused research to work out who these people behind the scenes are and SOME of he links between them.

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  14. Wikileaks is fighting for freedom of speech in the media.
    But it is going too far.
    Some things must be kept secret.Too dangerous for us all.
    I don't understand how thousends and thousends of secrets can leak like that.
    This world is not safe anylonger like it used to be.

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  15. Anon @ 14,

    The leaks are so old then the story of the world. They always existed. What is different, is the power of the public. The public less an-alphabet and with easy access to accurate information play the difference. Before, who make troubles to powerful people use to be eliminated behind scenes without leaving traces and almost unnoticed. Now, Internet give voice to that people and the elimination was not so easy. For a good reason the wikileaks have that name and used the Internet as their main way.
    For a good reason, Julien Assange choose UK to face justice and "voluntarily" went to Scot.Yard. He seems to be a very intelligent person and again UK authorities did not resist against a error, a huge mistake. Arresting the guy was an error, even if asked by Sweden justice. The crime that he is accused has very weak evidences and did not deserve an arrest like that. The wikileaks is showing to the world one more prove about how countries like UK and USA deal with some issues.
    Did pass to UK authorities the idea of Why he choose UK to test the authorities? Maybe not. They just follow their friendship with USA and what the USA has the more dark- their temptation to rule the world.
    Was it the UK, the country that made the report saying that Iraq had Massive destruction guns and because of that was invaded? Later the invasion prove that the report was a lie, an excuse to start the most shameful war in our days. UK is making a collection of errors. Julien Assange is proving that his arrest is the same as the massive guns in Iraq, an excuse to eliminate who become an obstacle and a problem for who wants to control the world. This arrest make more damages against UK and the USA then all the information that the wikileaks released or pretend to release. Gave power to the wikileaks and shame to countries who pretend to be models of freedom, justice and democracy.
    I was not paying too much attention about the leaks that the wikileaks release to the world, until yesterday when Julien was arrested. Yesterday I went to the newspaper to read about everything and the issue came to my dinner table, as a family discussion, with everybody shocked and having the idea that if he was arrested is because the wikileaks has more hot issues to deliver to the world and some powerful people are frightened with consequences of that. Like me, many people is reading now what powerful countries want to silence and pass almost ignored. The arrest cause a contra-effect and because of that I have to say that who is winning that battle is Julien Assange, no matter what is going to happen to him, physical, in the future. The ladies who accused him fall on the same bag as the fake report against Iraq, all fabricated to support an excuse that is a crime. How many mans in the world were not disturbed by the police, even after many accusations made by some ladies? I believe the desks of almost all police towns in the world, have such accusations resting in standby. We just have to look at the statistic numbers of woman's and man's that died every year victims of domestic violence to get our clues.
    The accusations against Assange are very weak and following a special agenda. Where have been this two ladies, after August? Why the case just get day light now? The wikileaks must check the steps of that ladies during all this months. I will be not surprised if they found money running around them.

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  16. 14: "This world is not safe anylonger like it used to be."

    When this world was safe?

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  17. U.S. intelligence forgot to act in an intelligent manner. What folly to let a 23 year old access to all the country top secrets. They must know that nothing is secure when it is downloadable. Bill Gates set up a computer world where nothing is secure because he wanted to be able to spy on us and make profit from the information. The government and business love to be able to track our every move and have been forcing us to put all our private information on line. They seem to have forgot it works both ways.

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  18. Anon @14: The world has never been safe - with all due respect, it is an illusion. Only freedom and transparency have a chance of making things better. Wikileaks has not gone too far, in my opinion - but the reaction to what they have done is very, very revealing of the way things really work.

    -- Trismegistus

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  19. i dont think this case needs Wikileaks, what it needs is Tapasleaks
    i still think the whole case will hang on a "tapas" breaking ranks,
    goverments and police forces on both sides dont want to "waste" funds on a closed case....we should be looking to "tapas" the first brave one to start to speak to the press could make millions... but they dont have tell all just a small peice in the press even pro mccann would be worth a few bob. i think when gm talks about "the extended family" that the funds is supporting he may be refering to the "tapas"

    trainer

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  20. If the McCann case has been covered up by the UK/PT Governments then is there not a possible chance that this could be leaked by wikki??????

    G...UK

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