Portugal: 2 cases

Overview

Portugal has officially started prosecuting alleged terrorists for core international crimes and terrorism offences in 2022, with an indictment being filed in September of that year against two Iraqi nationals. These were the first indictment to be filed in in Portugal for war crimes against persons. This case also led to the first verdicts, partial acquittals, in January 2024. Defendants were found guilty by the court of first instance of membership in a terrorist organisation. One of them was also convicted of two counts of war crimes and of resistance and coercion of an officer.

Following the ratification of the Statute of the International Criminal Court in 2002, Portugal adapted its criminal legislation to the Statute of the International Criminal Court with the 17th amendment to the Penal Code, criminalising war crimes, crimes against humanity, and genocide. Additionally, the Law 2/2023, of 16 January 2023 completed the implementation of EU Directive on combating terrorism ( EU 2017/541), amending the Portuguese’s Combating Terrorism Law, the Penal Code, the Code of Criminal Procedure, and related legislation (Law 52/2003 of 22 August). Article 3 of the Combating Terrorism Law contains the provisions regarding the crime of membership in a terrorist organisation or support, promotion and founding of a terrorist group. The Public Prosecutor's Office is responsible for initiating, directing, and closing the criminal investigation and sustaining the accusation at trial. Citizens and victims can file complaints or reports to the Police or to the Public Prosecutor's Office. Victims have the rights to an active participation in the criminal process and can provide evidence necessary to discover the truth (Article 67-A Criminal Procedural Code). Nonetheless, the Public Prosecutor’s Office act on its own discretion (Public Prosecution Service Statute). Portugal can also prosecute foreign nationals who are present in Portugal for core international crimes on the basis of universal jurisdiction if the suspect is present in Portugal (Article 5 CP).

Portugal does not have a specialised war crimes unit within its police or prosecution services. Therefore, the Public Prosecutor's Office of the Central Department of Criminal Investigation and Penal Action (DCIAP) is in charge of investigations of core international crimes and terrorism offences, among others. Criminal cases, including those relating to core international crimes or terrorism charges are tried before the Criminal Courts on first instance. Appeals can be filed to one of the Courts of Appeals, with further appeals relating to procedural issues being possible to the Supreme Court of Justice as last instance (Article 209 and 211 of the Constitution of the Portuguese Republic).

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Last update: 24 February 2025