Historic Decision Upholds Guilty Verdict for Officers Accused of Assault, Reaffirming Facts of the Case
Let's talk about this groundbreaking decision that's shaking up Portugal
The Lisbon Court of Appeal (TRL) has made a move, and it's big. They've partially reversed the decision of the first instance, acquitting PSP agent Carlos Canha of assaulting Claudia Simões, and handed him a suspended prison sentence of five years instead.
Today, the court announced their decision in a statement, also ordering Canha to pay Simões a compensation of six thousand euros within two years and six months.
The TRL found it proven, through testimonial evidence and video images, that Claudia Simões was assaulted inside the PSP vehicle by agent Carlos Canha, in the presence and before the inaction of co-accused agents, Fernando Rodrigues, and João Gouveia.
"This decision restores the truth and rectifies a significant injustice," said Leonor Caldeira and Luísa Teixeira da Mota, lawyers representing Simões. "The Court of Appeal acknowledged that the bodily injuries Claudia Simões suffered were inflicted by agents of the State, not self-inflicted as erroneously concluded by the first instance court."
Additionally, the TRL condemned agents Canha, Rodrigues, and Gouveia, and the Portuguese State to pay compensations totaling 22,750 euros for property and moral damages. The lawyers for agent Carlos Canha declined to comment on the TRL's decision.
This decision means that agent Carlos Canha is now convicted of a single prison sentence of five years, suspended for the same period, along with the compensations to Claudia Simões.
This conviction joins the one from the first instance, which convicted Canha to three years in prison, suspended, for two crimes of physical integrity offense and two crimes of kidnapping against citizens Quintino Gomes and Ricardo Botelho. Meanwhile, agents João Gouveia and Fernando Rodrigues were each sentenced to one year and six months in prison, suspended, and subject to the payment of a compensation of one thousand euros to Claudia Simões within nine months.
The incident dates back to January 19, 2020, when professional chef Claudia Simões got involved in a dispute between passengers and the driver of a Vimeca bus company bus, due to her 8-year-old daughter forgetting her pass. Upon arrival at the destination, the driver decided to call the police. Canha, who refused to identify herself, was restrained by Canha. Canha was accused of three counts of aggravated physical integrity offense, three of aggravated kidnapping, one of aggravated slander, and one of abuse of power. Officers João Gouveia and Fernando Rodrigues were charged with one count of abuse of power for not acting to prevent the alleged attacks by their colleague.
This high-profile case involving PSP (Public Security Police) agent Carlos Canha and Claudia Simões is a testament to justice being served in instances of police brutality and judicial accountability in Portugal. Despite initial lenient sentencing, the Lisbon Court of Appeal's decision this year brings the long-awaited justice to Claudia Simões. It also sets a precedent for scrutiny of off-duty officers’ conduct and their liability under criminal law, while galvanizing calls for reforms in police oversight and victim protection laws.
- The Lisbon Court of Appeal has convicted PSP agent Carlos Canha of assaulting Claudia Simões, sentencing him to a suspended prison term of five years and ordering him to pay compensation.
- The General-News segment covering crime and justice reports that the TRL found three co-accused officers, including Canha, Rodrigues, and Gouveia, liable for assault and unpunished compensations totaling 22,750 euros.
- The lawyers for Claudia Simões expressed their satisfaction with the Court of Appeal's decision, stating that it acknowledges the state-inflicted injuries and rectifies an injustice.
- This high-profile case, which revolves around PSP agent Carlos Canha and Claudia Simões, underscores the importance of judicial accountability in instances of police brutality in Portugal.
