The Superior Council of the Judiciary confirms the second disciplinary procedure to Ivo Rosa

"With regard to Dr. Ivo Rosa, no disciplinary proceedings have been considered or decided as their mandates are still ongoing," the CSM told Lusa today regarding the conclusions of today's plenary. today of the judges' management and disciplinary body.

According to the CSM, "the first disciplinary procedure is more advanced than the second, which resulted from the transformation of an investigation into a disciplinary procedure" and "both procedures follow their legal procedures".

The CSM, however, did not specify when the second disciplinary procedure was opened, nor gave an estimate for the conclusion and the decision.

At the end of June 2022, the CSM concluded the investigation which gave rise to the disciplinary procedure against Ivo Rosa, after having informed the then judge of the Central Criminal Investigation Court (TCIC).

The disciplinary procedure is based on the investigation of facts that may constitute “a violation of the duty of obedience to the Constitution and the law” and “illegitimate interference in the judicial activity of another magistrate”.

At issue are judgments of the Court of Appeal of Lisbon which revoked and criticized the legality of the decisions taken by Ivo Rosa which intervened and annulled the judicial decisions of other magistrates, namely Carlos Alexandre, another of the judges of the TCIC.

According to a note previously published by the CSM, the decision to initiate the disciplinary procedure was taken unanimously during a meeting of the Inspection and Disciplinary Affairs Section of the Ordinary Permanent Council of the CSM, which is held on February 24, 2022.

In the meantime, Ivo Rosa has been placed in the Court of Appeal of Lisbon (TRL), within the framework of the ordinary judicial movement towards the courts of appeal, but the vacancy for the promotion of the magistrate is conditioned by this disciplinary process and the possible penalty.

In September 2022, the CSM also communicated the replacement of Ivo Rosa in the investigation of the BES/GES trial, assigning the trial to the new holder of the position of judge 2 at the TCIC, the investigating judge Pedro Santos Correia.

That same month, Ivo Rosa admitted that he would have given up his candidacy for the Lisbon Relation if he had known that he would be accused in the disciplinary process of the CSM, but he always intended to leave the TCIC , according to the presentation sent that month. at the CSM and the application presented the previous June, to which Lusa had access.

“If I had considered the outcome of the proceedings, I would have presented my withdrawal from the competition to the courts of appeal and I would have applied for a transfer to other courts of first instance”, declared the judge, underlining "It was my goal, if I had not graduated for the courts of appeal, to compete in the current legal movement for other courts of first instance".

Ivo Rosa based his candidacy for the Courts of Appeal on the grounds that he "intends to exercise the functions of judge", in addition to defending that the TCIC had "ceased to be a specialized court" with the reorganization which was carried out at the beginning of 2022. On the other hand, he also assumes the discomfort at the TCIC: “Staying in the same court (…) constitutes for me (and I believe that for justice too) an “uncomfortable” situation.

"Because I consider myself absolutely innocent of the facts in question and I am convinced that the only way out would be archiving, I have decided to maintain the purpose of access to the court of appeal", he said. pointed out, noting that the charge in the disciplinary trial was known only on June 6, a date after the May 31 deadline for candidacy for ordinary judicial motion.

The judge, whose promotion to the Lisbon Relation is suspended due to the disciplinary process, also discussed his personal situation and the investigation of the BES/GES and “O Negativo” processes. Ivo Rosa claimed that after the health problem he had in the first trimester of 2022, which forced him to undergo a heart operation, his “capacity for work and dedication (…) was much more limited” and that the disciplinary process left him in a "very fragile emotional situation".

IMA/JGO (FC) // ZO