Serious flaws identified in PSP operation on Rua do Benformoso
The Ombudsman's analysis was the result of a complaint received about the police action that took place on Rua do Benformoso, in which dozens of people were placed against the wall, with their hands in the air, to be searched by PSP officers. For this entity, “serious flaws were detected in the planning of the operation regarding the 'foreseeability of the need to carry out personal searches and their justification'”.
According to the letter sent by the deputy ombudsman to the national director of the PSP, it was recommended that, in future actions, the PSP justify – in planning or during the actions – the need to resort to personal searches.
Firstly, according to the Lusa news agency, the Ombudsman acknowledges that the police operation complied with the requirements of the Weapons Law, insofar as the respective communication was made to the Public Prosecutor's Office, a geographical area and a time window were delimited. However, “no provision was specifically made by this security force regarding the carrying out of personal searches”, which constitutes a “critical failure, because it devalues the adequate guarantees against arbitrariness and abuse of power”.
The Ombudsman's Office points out that searches should be carried out in suitable and protected places, whenever possible, since it is “the duty of the police officers who carry them out to guarantee the modesty and personal dignity of those targeted”. On Rua do Benformoso, “not only were searches carried out on the street, with people lined up against the wall and with their arms raised, for a period that was not possible to determine […] as the PSP called the media”, warns the Ombudsman's Office.
In addition to the lack of justification, the Ombudsman also points out that it was not possible to know whether the people targeted were informed by the PSP agents about the reason why they were being identified and searched. “There is no element in the documentation that was sent to us”, the document reads.
For these reasons, this body concluded that the police operation did not have, in relation to the preparation and searches carried out, “any prior consideration as to their legal compliance” and that, since it does not know the reasons for carrying out personal searches, it is not in a position to state that they were justified.
On December 19, 2024, 66 people – nationals and foreigners – were searched by the PSP on Rua do Benformoso, in the Martim Moniz area, in Lisbon, where many immigrants live and work.
At the time, the Prime Minister considered that it was “very important” to create “visibility and proximity” in policing and to increase the feeling of tranquility among Portuguese citizens.
