IGAI Launches an Inquiry Into the Police Clearance of the Lisbon and Porto Housing Camps, and the Prosecutor-General Wants Parliament to Review the 1974 Protest Law

The Inspeção-Geral da Administração Interna (IGAI, the General Inspectorate of Internal Administration), which oversees the police, has opened an administrative inquiry into the PSP's clearance of the housing protest camps on Lisbon's Rossio and Porto's Praça D. João I. On the same day, the Procurador-Geral da República (Prosecutor-General), Amadeu Guerra, called on Parliament to review the 1974 law on the right of assembly. Riot police broke up both camps at about 2am on Sunday, the second clearance since 20 October; the PSP's updated count, reported by Lusa, is 33 people injured and 33 detained for disobedience.

What the IGAI is looking at

In a reply to Lusa, reported by ECO and RTP, the IGAI said it opened the process "following the news and images made public" to establish the circumstances of the two interventions with the aim of "assessing the procedures adopted". It is still waiting for information it requested from the PSP national command and the Ministério Público (Public Prosecution Service) about an earlier police intervention on 15 October, which is also the subject of a criminal inquiry by prosecutors.

The prosecutor and Parliament

Guerra said Parliament should revisit Decreto-Lei n.º 406/74 (Decree-Law 406/74), which regulates the right of assembly. "It is Parliament's competence and Parliament should do it," he said, according to Lusa. He said that "for now" he sees no evident need to ask the Tribunal Constitucional (Constitutional Court) to review the decree, and, according to RTP, did not rule out prosecutors opening an inquiry into Sunday's police action once they have studied the images.

The President of the Assembleia da República (Parliament), José Pedro Aguiar-Branco, said "the law is in force" and any unconstitutionality "has to be declared by the Constitutional Court", while a legislative move "depends on the parliamentary groups". He declined to comment on the silence of Prime Minister Luís Montenegro and President António José Seguro, ECO reported.

The detainees began to be heard at Lisbon's Juízo de Pequena Criminalidade (Small Crimes Court) on Monday afternoon, with the six held in Porto also before a court; the outcome was not known at the time of writing.

What the law actually says

Article 45 of the Constitution gives citizens the right to meet "peacefully and without arms, even in places open to the public, without any authorisation", and recognises the right to demonstrate. The 1974 decree, in its current version, sets the practical rules:

• Notice, not permission: organisers must tell the mayor of the municipality in writing at least two working days ahead, signed by three organisers, stating the time, place, purpose and, for marches, the route.
• Time limit: outdoor gatherings may not continue past 00:30.
• Interruption: authorities may stop a protest only if it turns to unlawful acts or seriously disturbs public order, and must give organisers the reasons in writing.
• Penalties: holding a protest in breach of the decree is qualified disobedience; officials who block a lawful protest face criminal and disciplinary action.
• Appeal: organisers can challenge an authority's decision in the ordinary courts within 15 days.

What it means for you

Anyone, Portuguese or not, can complain to the IGAI about the PSP or GNR, for example over ill-treatment or a breach of fundamental rights. The online complaint form needs a valid Cartão de Cidadão (Citizen Card); without one, send the form by registered post, by email to [email protected], or hand it in at Rua Martens Ferrão 11, Lisbon. Complaints about municipal police traffic enforcement go to the town hall instead, and the IGAI does not cover acts by local councils.