The Supreme Council of the Judiciary approved the second disciplinary process against Ivo Rosa

The Supreme Council of the Judiciary (CSM) confirmed on Tuesday that two disciplinary proceedings had been initiated against Judge Ivo Rosa, adding that the second was a consequence of the “transformation of an investigation into a disciplinary proceeding”.

“With regard to Dr. Ivo Rosa, none of the disciplinary proceedings have been reviewed or resolved as they are still running out,” the Lusa Council said on Tuesday regarding the conclusions of the plenary session of the body for the management and discipline of judges.

According to the CSM, “the first disciplinary process is more advanced than the second, resulting from the transformation of an investigation into a disciplinary process” and “both processes carry out their own legal procedures.”

At the same time, the SCM did not specify when the second disciplinary proceeding was opened, nor did it give any assessment of the conclusion and decision.

At the end of June 2022, the Council completed the investigation leading to disciplinary proceedings against Ivo Rosa, informing the then Judge of the Central Criminal Executive Court (TCIC).

Disciplinary proceedings are based on an investigation of facts that may constitute “breach of duty to obey the Constitution and the law” and “wrongful interference with the jurisdictional activities of another magistrate”.

We are talking about the decisions of the Court of Appeal of Lisbon, which overturned and criticized the legality of the decisions taken by Ivo Rosa, which intervened and overturned the judgments of other magistrates, namely Carlos Alexandre, another TCIC judge.

According to a statement previously published by the SCM, the decision to initiate a disciplinary procedure was unanimously adopted at a meeting of the Section for Supervisory and Disciplinary Issues of the Ordinary Permanent Council of the SCM, which was held on February 24, 2022.

Meanwhile, Ivo Rosa has been placed on the Court of Appeal of Lisbon (TRL) as part of the normal judicial motion to the Courts of Appeal, but the vacancy for the position of Magistrate is subject to this disciplinary process and possible sanction.

In September 2022, the CSM also announced the replacement of Ivo Rosa in the investigation of the BES/GES trial, assigning the process to the new incumbent Judge 2 at TCIC, Investigating Judge Pedro Santos Correia.

That same month, Ivo Rosa admitted that he would have withdrawn his candidacy for the Lisbon Relations if he knew he would be charged in the CSM disciplinary process, but he had always intended to leave TCIC, according to a presentation sent that month. on CSM and an app introduced last June that Lusa had access to.

“Had I proceeded from the criminal prosecution, I would have presented my withdrawal from the competition to the appellate courts and would have applied for transfer to other courts of first instance,” the judge said, emphasizing: “That was my goal, if I hadn’t was a graduate of the Courts of Appeal, to compete in a real judicial movement for other courts of first instance.

Ivo Rosa justified his candidacy for the Courts of Appeal on the basis that he “intends to serve as a judge”, in addition to defending that the TCIC “has ceased to be a specialized court” with the reorganization that took place in early 2022. On the other hand, he also suggested discomfort in the TKPK: “To remain in the same court (…) for me (and, I think, for justice too) is an “uncomfortable” situation.

“Because I consider myself absolutely innocent of the facts in question and convinced that the only outcome would be archiving, I decided to maintain the purpose of going to the Court of Appeal,” he stressed, noting that the charge in the disciplinary process was known only on June 6, the date after the May 31 deadline for candidacy in the ordinary judicial motion.

The judge, whose promotion to the Lisbon Court has been suspended due to a disciplinary process, also reviewed his personal situation and instructions in the BES/GES and O Negativo cases. Ivo Rosa claimed that after the health problems he had in the first quarter of 2022 that forced him to undergo heart surgery, he was left with “the ability to work and dedicate himself (…) much more limited” and that the process of discipline left him in a “situation of very emotional instability”.