The Dili District Court determined this Wednesday the immediate release of a former minister detained for questioning, considering that it is an illegal detention, also considering the search operation of his property illegal.
“I determine the immediate release of the accused Longuinhos Monteiro because it is an illegal detention,” says the order, to which Lusa had access.
At stake is an operation, the contours of which are still not entirely clear, which Longuinhos Monteiro -former attorney general of the republic, former Minister of the Interior and former commander of the Timor-Leste National Police (PNTL)- says was carried out on Monday, without court order, to his property east of the capital.
During the search, three air pistols were found, two of which were not working, a broken arrow bow, an old pistol – which the defendant confirmed as his – and ammunition for various types of weapons belonging to members of the PNTL. who accompanied him in his former functions.
Informed of the raid, Longuinhos Monteiro voluntarily appeared at the Scientific Criminal Investigation Police (PCIC) to find out about the operation and make statements, having been formally arrested on Monday, although this arrest was only known more than 24 hours later.
The judge also questions the “arrest in flagrante” file, noting that “it is not clear, however, what facts were charged against the defendant now detained and the reasons for his detention, since the police authority limited itself to saying that the accused voluntarily appeared” at the PCIC facilities.
“In reality, the defendant was not arrested at the place where the house search was carried out, but rather went to present himself to the police and was, at that moment, arrested”, so these circumstances do not fall within the flagrante delicto. crime
The judge also considers the search illegal, saying that it did not comply with the provisions of the criminal procedure code.
“In the order there is no order issued by the judge to authorize said house search, nor was a record of registration drawn up in this regard, only a record of seizure of objects,” the order refers to.
“Therefore, given that the searches carried out at the defendant’s home did not comply with the formalities established [no código do processo penal]I declare its nullity, for which reason I invalidate the embargoes carried out”, he continues.
The judge also confirms in the order that the search operation was carried out “by agents of the National Intelligence Service (SNI)” -a structure that does not have legal competence to carry out searches-, who seized the weapons and later reported this fact to the PCIC .
Source: TSF
