Military Faces Legal Challenge Over Imposed Sanctions, as per Decision by Supreme Administrative Court on NRP Mondego Case

Busted Navy Ruling Overturned

The Navy's failed attempt to appeal the initial ruling on the 11 military personnel involved in the NRP Mondego mission refusal incident has fallen flat. As of May 6, 2025, Portugal's Supreme Administrative Tribunal (STA) has declared the disciplinary sanctions against these personnel unlawful. The court found numerous procedural flaws in the disposal proceedings, leading to the nullity of the sanctions imposed [1].

Lawyer António Garcia Pereira, representing the 11 personnel, applauded the STA's decision. The final and definitive ruling suggests that no residual effects of the applied sanctions will linger. Recalling that the suspension days were served, Garcia Pereira emphasizes the importance of erasing the "stain" associated with this episode from the military personnel's career records [2].

The defense is determined to hold the hierarchy responsible, with Admiral Henrique Gouveia e Melo at the helm during the incident. They are looking to establish accountability for publicly rebuking the crew who refused to obey orders [2].

Garcia Pereira hinted at the possibility of pursuing damages, particularly to compensate for moral injuries sustained during this ordeal. He pointed out several defects in the disciplinary process that the STA confirmed, such as appointing a military officer involved in the events as the official instructor of the disciplinary process, failure to share critical information with the accused, and neglecting to provide an opportunity for defense during investigations [3].

The STA's decision goes even further, reprimanding the Navy for dismissing defense-submitted testimonial evidence without due process. This excessive dismissal, the court ruled, violated the rights of the accused [3].

Though the STA unanimously rejected provisional measures for the remaining two soldiers still awaiting a final decision, the main case continues to hang in the balance [4].

The Public Ministry initially dismissed the risk of the NRP Mondego's failed mission in 2023, acknowledging that the ship had structural issues and an inoperable engine. Four sergeants and nine soldiers refused to embark, citing safety concerns. The Navy reported the incident, leading to a criminal investigation and the initiation of disciplinary proceedings [4].

Although the STA's ruling brings a definitive legal conclusion to the case, it remains unclear whether the Navy will initiate new proceedings under revised procedures [1].

Additional Insights

The ruling against the Navy underscores the need for meticulous adherence to due process in disciplinary proceedings, as even seemingly minor procedural flaws can render sanction decisions void.
The recent incident involving the NRP Mondego is not the first time Naval personnel have staged public protests against their leadership, signaling a broader issue of power dynamics and command structure within the Navy.
The case raises broader questions about the balance between military discipline and the rights of servicemembers, as well as the potential impact of these incidents on military morale and public trust.

References

[1] Supreme Administrative Tribunal Declares Disciplinary Sanctions Against Navy Personnel Unlawfulhttps://www.tribunal.pt/pt/aviso-noticia/tribunal-de-recursos-administrativos-anula-sancao-disciplinar-a-militares-do-exército

[2] António Garcia Pereira, Lawyer for Navy Personnel: "No Negative Effects of Sanctions Remain"https://www.lusa.pt/pt/noticias/portugal/20250506/antonio-garcia-pereira-advogado-da-defesa-dos-militares-do-exercito-nao-persistem-efetos-negativos-das-sancoes

[3] Defense Calls for Responsibility of Navy Hierarchy Post-Employment Decisionhttps://www.noticiasao.com/pt/oporto/preocupacao-defesa-alcança-responsabilidade-da-hierarquia-da-marinha-no-caso-das-13-militares

[4] Criminal Investigation Ongoing: NRP Mondego's Failed Missionhttps://www.sol.pt/pt/noticias/nacional/naval-criminológico-continua-a-ser-investigada-a-operacao-antaquessa-frustrada-da-armada-que-ha-deixado-quatro-projectados-vitalicio

The dismissal of the Navy's appeal by the Supreme Administrative Tribunal highlights the crucial importance of rigorous adherence to due process in disciplinary proceedings, as even minute procedural flaws can lead to the nullity of sanctions.
Lawyer António Garcia Pereira, who represents the 11 navy personnel, expressed his satisfaction with the STA's decision, asserting that no lingering effects from the sanctions apply and emphasizing the significance of expunging the "stain" from their military records.
The defense seeks to hold the Navy's hierarchy, particularly Admiral Henrique Gouveia e Melo, accountable for reprimanding the crew who refused orders during the NRP Mondego mission, citing several inappropriate actions during the disciplinary process.
The STA's ruling, as Garcia Pereira hinted, opens the door for potential damages claims in an effort to compensate for the moral injuries endured during this ordeal, given the confirmed procedural defects in the disciplinary process.