Suijin, I'm no judge, no solicitor nor a lawyer, so incapable to explain any of this. Maybe it helps if you could read the complete text of the petition in
english?
Google Translate comes up with the following:
Exmo. President of the Republic Dr. Marcelo Rebelo de Sousa,
We appeal to you so that together with the Exmo. Minister of Foreign Affairs Dr. Augusto Santos Silva, Exma. Minister of Justice Dr. Francisca Van Dunem and Exma. Attorney General Joana Marques Vidal, as in other cases, take extraordinary measures and at the highest level so that through cooperation between countries they can resolve this situation that has long since become unsustainable and incomprehensible. We have always believed that a person is innocent until he is found guilty, but we never thought it possible for a person to be found guilty having already been held innocent!
Although all the offices of the abovementioned people were contacted directly the response was, as always, a "push" of responsibilities between them that it was impossible to find resolution. This is why we believe that with joint action among all ministries it will be possible to find a resolution for a case that has been going on for almost a year and which seems to have no end in sight along the road.
Below we explain the situation with all the framework that we can give about it, not violating, even without wanting, any protection of the investigation that took place.
In the summer of 2014, Leonel do Nascimento Carvalho is contacted to transport a sailboat from Brazil to
Portugal. He did not know the people so he questioned how they had gotten his contact. It was perceived that it was because he was known in the nautical
environment for transporting several sailboats from Portugal to Brazil and for this reason he had been indicated as the person indicated for this transatlantic transport that, due to its difficulty, is not for inexperienced sailors
It was for this purpose that he went to Brazil (by airplane) and returned to Lisbon sailing with the said sailboat. About 2 days away from Lisbon was intercepted by Portuguese and Spanish authorities and informed that they would search because the
boat was suspected of transporting drugs to
Europe. Several tests were carried out to find the drug:
1) Still on the high seas, on 31 July 2014, however "for
security reasons due to the meteorological conditions that were felt was interrupted (the search) having the sailboat been accompanied ... to the Naval Base of Lisbon".
2) At the Naval Base in Lisbon, on August 2, 2014, "the search warrant was fully complied with and all the compartments of the sailboat were traversed by PJ without any illicit being found. technical means on the inside and outside of the vessel and a diver has also been used to check the
hull and
keel of the vessel without any unlawful action being taken. "
3) In the dry
dock, on August 8, 2014, "a new search for the
parts that had been submerged with the use of even a scanner without any other narcotic product being found".
4) On September 4, 2014, "during the investigation of the PJ ... a new search was authorized for the vessel" and a collection of possible residues of narcotic product inside the sailboat was carried out. .) with a cotton swab dipped in methanol smeared a suspicious trait ... identified as a laboratory of cocaine. " However, and because we are talking about mere traces, this document continues as follows: "In view of the foregoing, it is necessary to conclude that despite the efforts made, it has not been possible to obtain enough evidence that, in the least, we can identify who, when and where they have introduced or removed from the ship the narcotic whose traces were collected by means of scrubbing and identified as being of cocaine, let alone knowing what quantity it was in. Mere residues of narcotic for
consumption or tens of kilograms destined for trafficking.
The above phrases have been taken from the filing of the case at the DIAP in Lisbon (we have several documents from Portuguese authorities, in this case the Judicial Police and the Attorney General's Office, which prove what we say but, for obvious reasons, we can not make them available in full) that ends with the following sentence: "In these terms (...) I determine from now on the archiving of the records".
For a common citizen who has never had problems with the police or justice, the prospect is that it would have been filed in Portugal,
Spain and Brazil, as it was supposed to be a joint operation between all. Unfortunately not ... On 04 May 2017, in the midst of a transport from a sailboat from Portugal to
Greece, Leonel do Nascimento Carvalho is being held in
Cartagena, Spain.
He has since been detained in custody at the Madrid V Prison Center under an extradition proceeding resulting from an international detention order ordered by the 5th Federal Court of Santos in Brazil, issued on September 30, 2015. In this establishment Leonel is treated as if he were in a third world country, where he would never have imagined 67 years old to see his life turned so unjustly and deprived of the one thing he has always done: to live in dignity and in a suitable way.
Until 04 May 2017 Leonel do Nascimento Carvalho was never informed that there was an international arrest warrant in his name. This international detention order was in the Interpol system, an organization of which the Portuguese Judicial Police is part. How is it possible that the PJ never looked for him in his fixed residence on Portuguese soil? How is it possible that a communication never came to Leonel saying that there was an international extradition mandate? This is for us the first great mistake of the Portuguese authorities.
Already during the extradition process (which is taking place in Spain), the Portuguese authorities were asked to state their views on whether they wanted to give protection to their citizen Leonel do Nascimento Carvalho. In response, the Ministry of Justice communicated that "Portugal will not exercise the right to issue the EAW (European Arrest Warrant), since in the
current investigation no facts were found that allow the imputation of crime to the citizen Leonel do Nascimento Carvalho . ".
In fact, as mentioned earlier, the citizen Leonel do Nascimento Carvalho, in the context of the investigation carried out in Portugal under the supervision of the DIAP in Lisbon, was investigated exactly for the same facts that are the assumptions of the international detention order issued by the Federal Court of Santos and, in the face of these same facts, the Portuguese Public Ministry ordered the dismissal of the records. In this context, the position given by the Ministry of Justice and the Ministry of Foreign Affairs to the Spanish judicial authorities is acceptable. However here they could have decided to go further and decide to give protection to their citizen. They chose not to. We understand! Leonel do Nascimento Carvalho is a mere citizen of 67 years who has never had any problem with the authorities and is irrelevant to the Portuguese justice, whose fact that his name is not sound in the Portuguese society, does not imply a careful and meticulous action of the authorities.
And this response made it possible for the extradition process to continue to be tried in Spain and despite the fact that the
record of the filing order issued by the DIAP in Lisbon is in the file with Spain, nevertheless, the Spanish National Court decreed in 22 of December 2017 the origin of the request for extradition to Brazil from Leonel do Nascimento Carvalho awaiting only a set of guarantees from the Brazilian
government to proceed with it. Can we believe that we have reached this point? As a
family, we thought it impossible for a citizen considered innocent to be tried again. Today we realize that justice is discretionary and that anyone can be the object of injustice, just because the authorities thus ignore what is in sight of all.
However we managed to gain some time after this decision by putting a new feature. A few days later we learned that this appeal was also dismissed, having started the 30-day count, which ends on 13 March.
The petition to the Spanish Constitutional Court, addressed by the lawyer in Spain, has therefore been left to us, the purpose of which is to prevent, even temporarily, extradition to Brazil. However the review of this feature can take months to be appreciated ... MONTHS! For those who are already unjustly detained at 10 months the prospect of waiting months for a decision seems like an eternity. For those who are 67 years old and seem like the rest of their lives ... Every day that passes seems months of life that are
lost.
Thus, Leonel do Nascimento Carvalho is on the verge of being extradited for crimes investigated in Portugal for which it was considered that there were no indications that allowed his imputation. Worse, Leonel do Nascimento Carvalho is only extradited because he is innocent. If it were guilty the Portuguese authorities would exercise the right to issue the European Arrest Warrant, which would prevent extradition to Brazil!
A Portuguese citizen, with a long life course, without any blemish, is reportedly innocent after exhaustive investigation carried out by the Portuguese authorities, at a stage of life (67 years) when time is short, after being innocently detained for more than 9 months ( where he has since
lost the birth of a granddaughter, his birthday with the family, birthdays of his
children,
Christmas, ...), is about to see the torment that is currently being increased by extradition to a country and to a prison system that deserves all the reservations and where we are all sure of its tragic destiny. To do this, simply search the
internet and discover several pages. In the Related Links area we leave some but others will find for sure.
To all who read this Petition,
Leonel's family and friends ask you, with their hearts in their hands, to help us prevent this extradition by asking the Portuguese authorities that, using all the resources at their disposal, do not let the "absurdity" take vengeance and let the idea come true. better to be "guilty" than to be "innocent".
To all our thanks!
Re: Petition to liberate Leonel Carvalho (67)
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