Summary:
Court ruling targets Admiral Gouveia e Melo for "illegal acts" in sanctioning sailors.
Sailors faced 10 to 90 days suspension for refusing to board the NRP Mondego.
Court found two nullities in the sanctions: lack of rights communication and improper process instructor.
Navy attempts to distance Gouveia e Melo from the case, asserting punishments were applied by another commander.
Lawyer argues that Gouveia e Melo is responsible for the sanctions, criticizing the Navy's public response.
Court Ruling Targets Admiral Gouveia e Melo
The ruling from the Central Administrative Court of the South (TCAS) directly implicates Admiral Gouveia e Melo, Chief of Staff of the Navy (CEMA), in the annulment of sanctions imposed on sailors who refused to board the NRP Mondego. The Navy attempted to distance Gouveia e Melo from the incident, but judges determined that he validated "illegal acts" in applying the now-overturned punishments.
The court's analysis centers on the fact that Gouveia e Melo, as CEMA, rejected hierarchical appeals from 13 sailors regarding sanctions ranging from 10 to 90 days suspension for insubordination. By denying these appeals in July of this year, the admiral confirmed the disciplinary actions against the sailors.
The court identified two main nullities in these sanctions:
- Sailors were questioned without being informed of their rights.
- The commander of the Navy and War, Rodrigues Teixeira, participated as an instructor in the disciplinary process despite being part of the command chain involved in the events of March 11, 2023.
According to the ruling, Rodrigues Teixeira should have either declared himself unable to intervene or stated that he lacked knowledge of facts that could influence the disciplinary process. Failing to do so rendered all subsequent actions—including accusations and final reports—invalid under military discipline regulations.
Navy's Response to the Ruling
Approximately two hours after the ruling was announced, the Navy issued a statement emphasizing that the punishments were not applied by Gouveia e Melo but by Commander Chaves Ferreira. However, the statement did not clarify that the sanctions were confirmed by the Chief of Staff through the rejection of the hierarchical appeals.
The Navy also stated that they plan to appeal the ruling, noting that the TCAS decision has not yet become final. They highlighted a history of favorable outcomes in cases against sailors who refused to board the NRP Mondego due to alleged lack of conditions.
Defense of the Sailors
In statements to Observador, lawyer Paulo Graça, representing the sailors, argued that the responsibility for the sanctions lies with Gouveia e Melo, criticizing the Navy for what he termed a “falsehood” in their public response. He emphasized that the admiral confirmed the sanctions, thus assuming legal responsibility for them.
The Incident That Shook the Portuguese Navy
In March 2023, the NRP Mondego did not carry out a mission to monitor a Russian ship near Porto Santo Island after several military personnel refused to board. The Navy reported the incident to the Military Judicial Police. Following the incident, Gouveia e Melo insisted on addressing the sailors directly, stating that the Navy "cannot forget, ignore, or forgive acts of indiscipline".
He criticized the sailors for reporting issues with the ship to external entities, arguing that it compromised military confidentiality. In his rejection of the appeals, Gouveia e Melo reiterated the seriousness of the sailors' actions, claiming that such conduct negatively impacts the Navy's integrity and cohesion.
(Article updated at 22:40)
Comments
Join Our Community
Create an account to share your thoughts, engage with others, and be part of our growing community.