IGAS waited a month to access the exchange of letters about the children's treatment and only got access to it because of a complaint from TVI/CNN Portugal
The documents that the Presidency of the Republic refused to hand over to the General Inspectorate for Health Activities, during the first phase of the report on the treatment of the Portuguese-Brazilian twins, were never subject to judicial secrecy.
This is the opinion that was unanimously approved in January by the Committee on Access to Administrative Documents (CADA), following a complaint from TVI/CNN Portugal that sought access to the same documents requested by health inspectors.
The January opinion, which received 11 favorable votes — from all CADA members — states that “access to an investigation or criminal proceeding is one thing, access to documents available to the administrative entity is another,” a position present in several other opinions On similar topics relating to access to public documents that have also been handed over to judicial authorities in the context of criminal investigations under judicial secrecy.
“In this case, there is no position on the part of the Public Prosecution to obstruct access to administrative documents,” the document continues.
According to the opinion, “the judiciary informed that the investigation process is subject to judicial secrecy, but it did not mention anything regarding the extension of secrecy to include administrative documents in the possession of the requested party,” meaning the Presidency of the Republic. .
Presidency of the Republic Conditional health inspection
Recall that in the report on the twins released this week, IGAS accused the Presidency of restricting the work of inspectors by refusing to provide documents requested from Belém on the issue for almost a month.
In statements to journalists on Friday, Marcelo Rebelo de Sousa justified himself before the Public Prosecution Office because, according to the president, he “considers that there is judicial secrecy.”
Opinion requested by TVI/CNN Portuguese (not the Presidency)
Speaking to journalists, Marcelo also said that it was the Presidency of the Republic that asked CADA to express an opinion on this issue to know what to do, although TVI/CNN Portugal requested this opinion after Belém refused to grant access to the Internet. – Emails exchanged regarding the twin issue between the President, the Presidential Office, and the President’s son.
This is already mentioned in the IGAS report: “Only on January 23, 2024, the above-mentioned documents were sent to this general inspection, with an indication that, following the opinion of the Committee on Access to Administrative Documents, access was granted to a journalist.”
Even the opinion raised by TVI/CNN Portugal due to Belem's refusal to allow access to documents/emails archived in the Presidency of the Republic, IGAS faced the refusal of the Civic House of Marcelo de Rebelo de Sousa to access any document related to the Portuguese-Brazilian twins. He is being treated at Santa Maria Hospital.
