The trial of a civilian accused of attacking the São Tomé military barracks in November was postponed this Monday due to the failure of the accused, whom the court ordered to be detained unless the absence is justified within five days.
“Because it was believed that given the timetable and possible steps, even if the accused were arrested, this could not be carried out. [o julgamento]This court intends to adjourn this hearing until 8 a.m. on October 3, ordering the issuance of an appropriate arrest warrant in the name of the accused so that he can appear in custody if he does not justify his absence within the period prescribed by law,” said Judge Edmar Teixeira.
The presiding magistrate comprising two other judges, namely Natasha Amado Vaz and Halia Bonfim, also ruled that erring witnesses would be subject to the due fine of 500 times the amount. [cerca de 20 euros]as well as “detention in custody to appear in custody at a court hearing” if the failure to appear is not justified within five days.
After the postponement of the trial, which took place at the premises of the Historical Archives of São Tomé, lawyer Miques João stressed that “there are compelling reasons” that will be cited to justify the absence of the defendant Bruno Afonso, who will be presented to the court.
Regarding the postponement of the trial, the lawyer considered that “this is normal, because there are many issues that are poorly explained, not taken into account in the proper procedural terms,” which he hopes will be resolved by the court. that there are “objective conditions” for a trial to take place.
Defendant Bruno Afonso, who skipped trial without prior justification, is the only survivor of four men accused by authorities of looting military barracks in the coup attempt.
The military tribunal will try the military defendants separately, according to a court ruling dated Wednesday that found a link between the attack on the barracks and the killing of the four people.
Magistrate Edmar Teixeira draws attention to paragraph 1 of Article 21 of the Code of Criminal Procedure, according to which “persons who have committed several crimes, committed simultaneously by each other or by several persons together, are jointly and severally liable in the court competent to try the most serious offense.”
In this sense, Edmar Teixeira emphasized that in the preliminary investigation of these two cases, “the most serious violation” is the murder found in the preliminary investigation No. 77/2023.
In this case, the judge emphasizes that “by order of September 20, 2023, the incompetence of the civil court to consider war crimes was recognized and, as a consequence, his appeal to the Military Court was scheduled.”
Eight defendants, seven military personnel and one civilian, are charged in the case of the attack on the barracks on November 25, 2022.
In the murder case, Sao Tome prosecutors accused 23 military personnel, including former Chief of the General Staff of the Armed Forces Olinto Paquete and former Deputy Chief of the General Staff Armindo Rodrigues, of torturing and killing four people. men storm an army barracks, November.
The deputy also demanded that all accused be given an additional punishment in the form of dismissal from the Armed Forces.
The case against former Armed Forces chief of staff Olinto Paquete was dropped in July due to a lack of “sufficient evidence” for the 14 crimes he was accused of.
Former deputy chief of staff and former army commander Jose Maria, awaiting trial on charges of “authorship, omission and possible intent” of 14 crimes of torture and other cruel, degrading or grave inhumane crimes, as well as four crimes of murder , were appointed in July as commander of the Coast Guard and inspector general of the Armed Forces, respectively.