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European Parliament - Directive opens the way for a faster, thorough investigation

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European Parliament - Directive opens the way for a faster, thorough investigation

Post by Pedro Silva on Mon Dec 06, 2010 9:37 pm

My friends, I received this important issue, a few minutes ago, through google alert.

Please see attachment, here it is the whole translation.

http://dn.sapo.pt/inicio/portugal/interior.aspx?content_id=1728193


European Parliament

Directive paves the way for faster / thorough investigation:

Nuno Melo is the rapporteur for a directive which would make different cases Freeport and Maddie. Constitution is obstacle

The European criminal system may be on the verge of a revolution. So says the Eurodeputy / MEP of the CDS-PP Nuno Melo, who is the rapporteur for the proposal for a directive - European Decision Research - that "will revolutionize the European criminal system as we know it today, claiming that a judicial authority in one country can sort obtaining evidence abroad, such as hearing witnesses, search and seizure, interception of telecommunications or other, based on the so-called principle of mutual recognition. "

Nuno Melo told to the DN(Portuguese newspaper Diário de Notícias) that if cases such as Freeport and the Madeleine McCann - who were involved in the investigative measures in at least two countries (Portugal and England) - would apply to the proposed directive, "English or Portuguese judges could alone, order another steps in the other country without the need for compliance with many legal and bureaucratic impediments that exist. "

This European Decision Research is thus intended to legislate to implement the new rules of criminal investigation, a transnational level, which will oblige all countries regarding the collection and obtaining evidence.

Generally, the major objective of the proposal is to create a single instrument, flexible and efficient to obtain evidence located in another State - State in criminal proceedings.

This is a legislative co-decision, for which Nuno Melo was appointed rapporteur of the European Parliament related matters of police and judicial cooperation in criminal matters. Initially it was presented in seven Member States: Austria, Belgium, Bulgaria, Estonia, Slovenia, Spain and Sweden.

This week, Nuno Melo will meet with the so-called shadow rapporteurs of the various benches of Parliament, "waiting, still, the delivery of supporting documentation in order to verify which is the highest common denominator at the rules of internal 27 EU countries. "

MEP assumes "that there are countries where some of the original rules of the proposal may conflict with the constitution, particularly with regard to issues of sovereignty. This is, says," the case of Germany and Portugal, by assuming the need to improve the source text. "

In Portugal, the MEP of the CDS will promptly seek hearings with the Attorney General's Office (PGR), the Supreme Judicial Council, and with all sides of the parliamentary groups, to assess national awareness to this proposed directive. " This will necessarily, at a later stage, be transposed into Portuguese law by Parliament.

Overall, Nuno Melo notes that pretends that it has made significant progress since the beginning of next year.

"Whatever the outcome it will achieve with this proposal, it is clear that the current freedom of movement of persons, without border control in the whole space of the European Union, promotes a greater facility in the commission of crimes which, by grounds of common sense, also justify greater interaction and ease of criminal investigation at the level of all Member States, "says the DN.

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Re: European Parliament - Directive opens the way for a faster, thorough investigation

Post by christabel on Mon Dec 06, 2010 10:23 pm

Thanks for this Pedro.

Whats the betting they will find an excuse not to use this in the McCann's case, if it gets past. It will be for new crimes only, betcha!



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Re: European Parliament - Directive opens the way for a faster, thorough investigation

Post by rosemary on Tue Dec 07, 2010 2:46 am

Yes we could say it´s the legislation we have all wanted but too late for Maddie. But we must thnk of the future too. Wonderful news even so. Again it is lifting my depression over the whole issue. Thankyou Pedro.

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Re: European Parliament - Directive opens the way for a faster, thorough investigation

Post by Pedro Silva on Tue Dec 07, 2010 3:38 am

You welcome my friend.


Last edited by Pedro Silva on Tue Dec 07, 2010 8:28 pm; edited 1 time in total

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Re: European Parliament - Directive opens the way for a faster, thorough investigation

Post by maria on Tue Dec 07, 2010 8:06 pm

No way. I cannot agree with this. Madeleine and Freeport cases are there only to deceive both portuguese and british publics, nothing more. No way I would support a right wing political 'security' measure, no way I would support a wipe out of my Country sovereignity.

Hey, you Brits here and everywhere, didn't you decline the euro? Don't you fiercely defend your independence on financial management of your country? Are you happy with current moves of your government to implement a defence system common with France? Etc. So why on earth are you supporting that Amaral is allowed to go to the UK to investigate Kate and Gerry? Because that would be the other side of the coin, wouldn't it?
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Re: European Parliament - Directive opens the way for a faster, thorough investigation

Post by Pedro Silva on Tue Dec 07, 2010 8:55 pm

I agree, any country (even a EU member) should keep his sovereignty intact.

"Trade deals/Partnerships are fine but thats about it".


Last edited by Pedro Silva on Wed Dec 08, 2010 11:53 pm; edited 3 times in total

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Re: European Parliament - Directive opens the way for a faster, thorough investigation

Post by maria on Tue Dec 07, 2010 10:35 pm

Back online.

Pedro, no way that I will not jump when I see exactly my friends being conned by that kind of people. They, 'the brits' refered above, know very little or even nothing at all about this gentleman Dr. Nuno Melo and his real agenda. What I am trying to tell them is that they should be very very careful with wolves dressed up as lambs. Their kind hearts hear 'Madeleine' and they open their arms to welcome whoever sussed that name. Dangerous, Pedro, very dangerous.

So, back to the point. What he is working at is to have aproved an european directive that 'will revolutionize the european penal regime as we know it, in order that a judiciary authority of one country can order procurement of elements of proof in another country, such as witness statements, searches and aprehensions, communications tappings or other, on the base of mutual recognition.' He goes on stating that if that directive were in force, in cases like the Freeport and Madeleine McCann, 'magistrates from any country, Portugal and UK, could reciprocally order dilligences in the other country, without need of respecting many of the legislative and bureaucratic hurdles.' And then he goes on to the other point on his agenda, the need to change our Constitution in what concerns sovereignity.

Dr. Nuno Melo is so transparent! In both cases, segments of our society, namely right wing, and specially his own party, Christian Democrat, furiously attacked the UK justice operators, namely the police, SFA, and others, for their 'inoperance', even boycot of the investigations being carried here. We know far too well what the investigation on Madeleine was, only to recall that the Freeport case was started back in 2003 (I think, may be even before) by an anonimous letter later discovered to have been written by a christian democrat party member under the suggestion and dictation of a PJ inspector. (I have written something on this in the blog already). The case had ups and downs but it last was taken up furiously by Manuela Moura Guedes (herself a christian democrat), Joana Morais, newspaper Sol.

But I don't want to go on discussing the Freeport case.

Both cases are portuguese cases, that is, they juridically are portuguese. So let's now think what could the portuguese justice (... PJ)want from the UK re Madeleine? Amaral said it: investigations on Kate and Gerry past and present, search of their home, tapping on their communications, investigation on the fund, you name it.

This directive aims to have the Amarals and the Manuela Moura Guedes' judicial friends of this world to be allowed to take the train or the plane and go wherever they want and forge the 'means of proof' or even 'proofs' at will.

I'm 'deflated' now. I hope this thread is not removed.
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Re: European Parliament - Directive opens the way for a faster, thorough investigation

Post by Pedro Silva on Tue Dec 07, 2010 11:30 pm

Maria, don´t worry about this topic, it will not be removed.

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Re: European Parliament - Directive opens the way for a faster, thorough investigation

Post by dianeh on Wed Dec 08, 2010 7:18 am

Maria

Thank you for posting your opinion on this. I had similar thoughts as you have posted.

It would appear to me that it is only the country running the investigation that would be given access to other EU countries, so in other words, British investigators could not go to Portugal to investigate Madeleine's case (as an eg) because it is run by Portugal. If anything, in Madeleine's case, this would have resulted in further persecution of the McCanns with nothing added to the case, and no closer to finding Madeleine. Less info would have been available to the British police.

A joint task force approach, with full disclosure, would be a far better option, IMO.

As an Aussie, I am against anything that reduces a country's sovereingty. I am no fan of the EU and as an outsider it appears that far too many laws are passed that trample on a country's self determination, and this is a further example. For certain, a foreign company's police force should still have to be subject to all laws and rules of evidence of the country it is operating in, that would mean that (in the Madeleine case) that a judge in Britain would still need to grant access to things such as medical and bank records, or to allow internet or phone surveillance. After all, a country cannot surrender the rights of its citizens just to allow faster investigations of crimes across borders.
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Re: European Parliament - Directive opens the way for a faster, thorough investigation

Post by Catkins on Wed Dec 08, 2010 11:43 pm

Agreeing with you I don't like to see any Country giving up it's Sovereingty - it doesn't work. I think of the UK and what have we gained from the EU? Not much that I can see.

Trade deals/Partnerships are fine but thats about it.
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