The President of the Republic, Cavaco Silva, granted on Monday just three pardons and all relating to the deportation of feathers, more than 1,200 requests for penalty forgiveness received this year, announced the presidency.
The announcement of the traditional Christmas pardons was made after a meeting that joined Cavaco and Justice Minister, Paula Teixeira da Cruz, in Bethlehem. Humanitarian reasons were the basis of the three leniency granted by the Presidency.
The small number of pardons granted to the number of requests received no exception to what has been the performance of Cavaco Silva in this area since coming to Bethlehem – the last five years, the President pardoned only one average of four prisoners per year. What was unusual was the record number of received leniency applications, a total of 1224, a value five times the average of the last five years in which those requests were up by 225 applications. The explanation, as the PUBLIC reported on Monday, is a draft of a request for clemency that was circulated in some national chains, especially in the prisons of Custóias and Paços de Ferreira that made have triggered the requests for penalty pardons directed to Bethlehem.
This extraordinary increase is blocking the operation of many of those who are required to give an opinion in such cases, including the prison service, the courts of executions of feathers, the services of Minister of Justice and the office of the presidency. Many of these applications do not even meet the formal requirements, including a requirement for the inmates had already been convicted and are not serving a coercive measure such as probation.
The information about the origin of the draft are contradictory with some sources of prison services to link it to an inmate with a degree in law, which was eventually transferred from Pacos Ferreira chain to an establishment with less convicted prisoners. In the execution of sentences of courts circulated another version that associated the draft to an association in support of prisoners and family.
Cavaco forgiven little
last year entered 251 applications, 46 more than the previous year. 2006, the first year of Cavaco as president, has recorded the highest number of requests, with 816 requests. The following year, the number dropped to 614, and in 2008, the penalty pardon requests return to decline to 351. The lowest number of the last eight years occurred in 2010, the year that were recorded 204 requests for pardon.
This development, tended downward, will have its main explanation in the fact that Cavaco Silva have substantially reduced the number of pardons granted over its predecessor, Jorge Sampaio. In 2005, the socialist forgave worth the 56 prisoners, a value dropped to 34 the following year, already with Cavaco in Bethlehem. Even so, this value is far from the average over the past five years, in which Cavaco Silva just pardoned four prisoners per year. Since taking office, Cavaco only granted 65 pardons.
The pardon, total or partial, of punishment may be requested by the convicted, his legal representative, a family member or the director of the establishment to which it is affection the inmate. The proposal is addressed to the President of the Republic and may be submitted by 30 June each year. However, the Ministry of Justice refer the request to the enforcement of sentences court, where you do the processing of proposals. This process is mandatory to include the certificate of convictions, a copy of the criminal record information in the individual inmate’s process, report of the prison service, assessing the evolution of the personality of the inmate during the execution of the sentence, opinion of the director of the prison, report of the probation services to assess the prospects of family support, social and professional condemned. Where the application is based on health concerns, it is mandatory to information on the status of the prisoner.
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