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Defense

Suspended judge admits to judicially challenge Magistrates' Council decision

The counselor judge of the Supreme Court, Agostinho António Santos, recently suspended by the permanent commission of the Superior Council of the Judiciary (CSMJ), admits to judicially challenge the decision and regrets having found out about it on television.

: Quintiliano dos Santos/Novo Jornal
Quintiliano dos Santos/Novo Jornal  

Asked by Lusa whether he was surprised by the deliberation, which came in the wake of disciplinary proceedings for "unseemly conduct" due to his "public pronouncements," the judge said that "no one is expecting" to be suspended without being heard.

"I was not heard, nor was I notified of the decision. I heard about it through TPA [Public Television of Angola]," said António Agostinho Santos, adding that he filed a hierarchical appeal to the plenary of the CSMJ, the highest body, since the decision was made at the level of the permanent commission.

The magistrate also announced that he has filed a restraining order to suspend the administrative act taken by the permanent commission.

The head of the CSMJ's institutional communication office, Pedro Chilicuesse, revealed Wednesday that the judge was suspended from his duties for six months, with total loss of pay and career seniority, and also barred from access to the Supreme Court's premises.

Judge Counselor Agostinho António Santos, the losing candidate in the contest for the presidency of the National Electoral Commission (CNE), publicly expressed his disagreement over the choice of Manuel Pereira da Silva and denounced alleged irregularities.

In a letter from his legal representatives, to which Lusa had access, the defenders express "deep indignation" for the way the matter was handled, disregarding the principle of freedom of expression and stress that the target "has the opportunity to present its defense", which did not occur.

The lawyers point out that their constituent reserves "the right to judicially challenge" the deliberation.

The document also states that the standing committee of the CSMJ violated "principles and constitutional and procedural rules on the instruction of a disciplinary process" and that the deliberation now known reveals to be "an instrument of intimidation" against Agostinho Antonio Santos on the issues raised.

In question is the impugnation of the contest for the presidency of CNE, which was presided over by the presiding judge of the Supreme Court and the CSMJ, Joel Leonardo, and the criminal complaint presented to the Attorney General's Office of the Republic by the fact that Joel Leonardo "lacked truth with the National Assembly and the President of the Republic about the inexistence of legal proceedings against the appointment of the current president of CNE in the days before he took office.

Manuel Pereira da Silva (Manico) took office as president of CNE in February of last year, but was strongly contested by the opposition and several civil society organizations.

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