Portugal Secrets of Justice still the same.

July 26, 2009 - PRLog -- With Portugal having been in the world media spot light in recent years due to the alleged abduction of  Maddie McCann there has been a great deal made of the ‘Secrets of Justice’ that operates in Portugal.

Basically it means that once an issue is in the Justice system then all information surrounding the issue can not be divulged to anyone outside the process.

With regard to a criminal investigation this means that the law enforcement agency carrying out the investigation can not give any information out to the media. This includes the name of any person they may wish to interview or any aspect of their enquiry. They can not say what is happening to forensic examinations or the result of them. If they take someone into custody they will not give any information out as to the identity of that person.

The situation in the McCann investigation, the lack of information to the press caused them, to speculate what was happening with the investigation.

The main reason for this secrecy is to protect the investigation, so no information can get out to any person who may be involved with the crime. Another reason is to protect the, identity of anyone. that is suspected or eventually charged with an offence. Their details are released at a later date if and when they are found guilty.

This secrecy also includes civil cases. Although the parties involved in litigation are named at the outset, once the papers are in the court obtaining further information can be frustrating.

As an example we know that A is suing B for 5000 Euros. What we can not find out is what it was for, and when it is likely to come to trial. The legal process is so slow, a simple suing for non-payment can take years to be finalised.  It is then be almost impossible to ascertain what the outcome was without making contact with the plaintiff.

This situation was certainly frustrating the foreign press, who were camped out in Praia Da Luz, the town that Maddie disappeared from. The lack of information coming from the investigation team was certainly new to them and they did not like it.

I am sure that many Law agencies throughout the world would welcome this situation in their own countries, as we all know there has been many an investigation ruined by press involvement or printing information that investigating officers would prefer to keep out of the public domain. But the non publishing of details of suspects sought can be a danger to the public at large and not using the general public to be aware of the identity of people wanted in connection with crime is a misuse of resources.

In Portugal if the press find information that is martial to the investigation they should pass it to the police, once this has been done it is then subject to the secrecy laws.

This ‘secrecy of justice’ can cause the press speculate and report how an investigation is progressing, the Police can not make a statement correcting their articles. This then gives the public a false image of the truth.

At the time of the Maddie case there was talk in legal and government circles to look at the secrecy issue, nothing appears to have moved on since and now that the Maddie McCann investigation is closed this matter is now not as pressing. It will most likely stay as it is until we have another similar case that attracts so much world media attention.

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