Judge given formal warning for 'offensive' domestic violence judgement

By TPN/Lusa, in News · 07-02-2019 08:57:00 · 0 Comments
Judge given formal warning for 'offensive' domestic violence judgement

The president of Portugal's High Council for the Judiciary (CSM) said on Wednesday that certain expressions used in judgements by Joaquim Neto de Moura, an appeals court judge, were "offensive" and "disrespectful" as well as running counter to the principles of the rights to human dignity and equality.

António Joaquim Piçarra was among CSM members who voted in favour of issuing a formal warning to de Moura, who in a court case had referred to a victim of domestic violence as "adulterous," "false" and "hypocritical." In his judgement he played down the domestic violence, citing the fact that the victim had reportedly committed adultery.

The CSM as a whole voted to issue a formal warning to the judge.

In a declaration explaining his vote, Piçarra stressed that the independence of judges is a key element of the rule of law in a democracy, including the ability to decide without constraints and the capacity to substantiate and motivate decisions in an "absolutely free way". However, he added, such independence is not compatible with the use of offensive expressions.


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