Lisbon list validates the expertise of all the accused – Observer
The Lisbon Court of Appeal rejected an appeal from the Hells Angel case, validating a decision by the trial court to carry out investigations at the 8 trials, with the exception of the “intimate areas” of the 9 decisions.
According to the ruling, which Lusa had, the Lisbon Court of Recognition (TRL) concluded that the appeal was “unfounded”, “confirming access to the contested order that determined the subjection of the defendants to examination to identify associations associated with the Hell Angels symbology. and collection of photographic images of the same, to be carried out in the manner determined by the court”.
Among other considerations, the TRL ruling states that, “in fact, it does not undergo an examination, under the terms determined in the order (of the trial judge), before the criminal policy body, in a reserved space and at that of the inspectors and suppliers. of the Scientific Laboratory (LPC) that the technicians carry out the inspection of the visas, as they are chosen, certainly, suitable for their accomplishment”.
According to the TRL, the ordered examination “does not require any visa restrictions, being a means of collecting evidence similar to the collection of evidence lofo, such as: searches, searches and seizures, reconnaissance and, blood collection law. , urine or specific data, profiling expressly predicted or accepted by blood”.
As for the question raised by the defendants/applicants about the alleged “violation of the principle of non-self-incrimination”, the judges of the TRL declare in the judgment “that, unless they have a better opinion”, such a situation “does not occur either”.
“Despite the fact that the majority of the defendants resorted to silence in the hearing of discussion and trial, in the use of a right that assists, the fact that the court determines their subjection to examination does not violate the principle of non-self-incrimination the right not to provide means of proof is not absolute”, fundamental the TRL.
The TRL notes that “if there is a conflict of rights situation, find the balance between the rights of the defendants and the interest of the State in the realization of justicebeing “manifest that, in the specific case, this desideratum was achieved”.
Whatever is determined, the examination in operation in a proportionate way, the practice enters as the purpose of achieving material justice and discovering the truth of protection of the fundamental rights of people, so it is not shown demonstrating fundamental rights, namely the right to a fair and equitable right, the privilege against self-incrimination or any other fundamental right”, stresses the TRL.
Thus, the TRL concludes that the contested order “does not deserve any censure, there is no defect or prohibited method of proof, no examination of the tattoos that the defendants have”, and it is also not clear to what extent “the rights of the appellants were not safeguarded”. , avowedly, to its proposal, office and morals and to non-self-incrimination”.
In the judgment, the appellate judges Jorge Antunes (rapporteur) and Sandra Oliveira Pinto (deputy) also remove the issues of unconstitutionality invoked by the defendants/applicants to the order of the judge of the judgment of how Sara Pina Cabral collective.
As the court of decision relevant to the discovery of the truth and good decision of the case seems to be the case, that court of first instance determined that the Judiciary Police be requested, which was responsible for the investigation in the Hells Angels case, which proceeded to examine the body of the defendants in the protected parts of publicity as an exhibition, except for the intimate areas, photographing as if they showed that it corresponded to no public pronouncement order as being identified as “Hell Angels”.
According to the accusers’ dispatch order, identification visa on the accuser’s body with the words or expressions: 1% (symbol of pride of a minority), outlaw, 81, AFFA (Angels Forever Forever Angeles), Filthy Filthy 66 Few, Few , Dequaillo, Left and Out.
The order determined even if The data must be photographed that are tattooed and tattoos whose design has been erased or noticeably altered..
The pronunciation of the level led to the decision, taking place in Camarate, states that all arguments belong to the organization “Hell Angels Motorcycle Club”, with the main “Outlaw Motorcycle Gang” being the world.
The indictment includes the one perpetrated in 2018 by the Hells Angels group, at the Mesa do Prior restaurant, in Prior Velho, incorporated in the persecution driven by Mário Machadoex-leader of the far-right New Order Social movement and that the group biker rivals “Bandits”.
Brawl between far-right groups in Loures
A feature developed that the defendants devise a plan to annihilate the rival “Band2018, using force and various weapons to cause even physical death”.
The defendants are accused Crime of attempted murder, attempted murder, drug trafficking association, extortion, robbery, drug trafficking and possession of weapons and ammunition.