Changes to Portuguese wiretapping law could halt investigations

The possible revision of the law on wiretaps could lead to the collapse of some judicial investigations, Portugal's attorney general warned on Wednesday, stressing that the number of phone-tapping operations has decreased in recent years.

"The option exists, and it's obvious that it can be changed, even if we believe the law is fine. The public prosecutor's office only uses wiretaps when it rightly and carefully realises they are essential," said Attorney General Lucília Gago.

"If the legislator chooses otherwise, some investigations could collapse. We should be in no doubt about that,” she added.

The maximum number of wiretaps was reached in 2015, with more than 15,000 interceptions, while in 2023, they were below 11,000, Gago said at a Committee on Constitutional Affairs, Rights, Freedoms and Guarantees hearing.

"In all circumstances, wiretaps require judicial authorisation and the renewal of that authorisation. In other words, the magistrate in charge of the case has to assess the need for wiretapping, and the judiciary has to have the same opinion, not only at that time but also when renewing the authorisation," she added.

Asked about how long some wiretaps had been in place over the past year, the attorney general insisted that these situations were "absolutely exceptional" and only occurred because "it is recognised that they are necessary for the investigation".

Gago also emphasised that the proportion of wiretaps in investigations is low and "has been steadily decreasing", noting that "inquiries with wiretaps never reached 2.5% of inquiries each year and in 2023 they didn't reach 1.5%".

Despite being questioned by practically all parties about the alleged existence of an "orchestrated campaign" against the Public Prosecutor's Office, as she denounced in an interview with the state broadcaster RTP in July, Gago did not answer the question.

The attorney general also ignored the alleged involvement of former prime minister António Costa in the Operation Influencer case, despite her being directly confronted by PCP MP António Filipe.

Among the issues most highlighted by the various parties in their speeches were the violation of judicial secrecy, the omission of this issue in the Activity Report, and the lack of results in combating this situation.

Gago, however, denied the responsibility of the Public Prosecutor's Office and stressed that a possible increase in the investigation of this crime could lead to the use of more telephone tapping.

"The public prosecutor's office appears to have a presumption of guilt, which is extraordinary. This climate is in the interests of the official suspects and their defences, as it victimises them and diverts the focus from suspicions of crimes of considerable gravity," she said.

"If we want to pursue and punish those responsible for violating the secrecy of justice, we will have to authorise the use of intrusive means of proof, such as wiretaps,” she added.

At the insistence of MPs, Gago also argued that the excessively prolonged interrogations of detained suspects, such as the 21 days recorded in the case of alleged corruption in Madeira, were "absolutely exceptional situations".

She also considered that the appeal lodged by the Union of Public Prosecutors (SMMP) against the directive on the exercise of hierarchical powers in 2021 "does not invalidate the fact that it remains in force" and assured that "no restrictions have been reported" and that "the hierarchical intervention that can take place" in the Public Prosecutor's Office has been clarified.

(João Godinho | Lusa.pt)