Costa Spied Without Court Approval in Portugal

The former prime minister of Portugal and current President of the European Council, António Costa, was subjected to wiretaps without judici...

The former prime minister of Portugal and current President of the European Council, António Costa, was subjected to wiretaps without judicial authorization as part of the ongoing Operation Influencer, according to Portuguese media.

This investigation, launched by Portugal's Public Prosecution Service, is examining possible corruption linked to government officials during Costa's time as prime minister.

As reported by the daily newspaper Diário de Notícias, Costa is mentioned in 22 wiretaps that were only delivered to the Supreme Court of Justice (STJ) in October this year, long after the legal deadline had passed and when the court no longer had the authority to review them.

The focus is on discussions between the former prime minister and other individuals involved in the case, including João Galamba, who was the assistant secretary of state for energy at the time, Diogo Lacerda Machado, and João Pedro Matos Fernandes, who served as the minister for the environment and climate action. These three were among the primary subjects of the investigation.

"The 22 sessions in question, which were intercepted between December 2020 and December 2022, have now been recovered as per a particular interpretation, specifically that of the Public Prosecutor's Office, which stated they needed to be disclosed to the President of the Supreme Court of Justice," the directive from the Central Criminal Investigation Court states.

In reply, the Office of the Attorney General (PGR) verified the presence of seven wiretaps that were presented to the courts.

"Recently, during a new review of all the wiretaps conducted, seven additional cases have been found in which Prime Minister António Costa was also involved, a detail that had not been noticed at first due to several technical reasons," the statement mentioned.

The PGR also stated that "António Costa was never directly subjected to wiretapping or monitoring" either while serving as prime minister or after leaving the position, with his conversations being intercepted "accidentally, as part of wiretaps targeting other individuals."

Surveillance calls are no longer permissible in this case.

Even though wiretaps are in place, their admissibility as evidence could be at risk because of legal deadlines. The law requires that wiretaps targeting high-ranking political officials be submitted to the Supreme Court of Justice within 48 hours and renewed every 15 days.

The Central Department of Investigation and Penal Action (DCIAP) is alleged to have failed to include recordings related to the prime minister during a five-year span, even though DCIAP acknowledged that certain of these discussions might be relevant to the case.

These would have been included in the case file, but as per the DCIAP directive, they were not made public due to "unspecified" reasons.

Additionally, once they were submitted to the Supreme Court, the court president declined to review them, stating that "its involvement is only warranted while the officials of the sovereign bodies mentioned are in power."

The Main Criminal Investigation Court (MCIC) also chose not to accept the evidence, citing that "judicial authority has been exhausted" because of the passage of time.

Last week, the Office of the Attorney General (PGR) confirmed that "in the so-called 'Influencer Universe,' there has never been, nor is there now, any unresolved investigation."

"All the available documentation is currently being examined by the team members. It is important to note that the inquiries are at various points in the investigation, with certain parts already significantly progressed," the office stated.

Related

• Reporters say Portuguese prosecutors incorrectly translated intercepted calls that linked the prime minister to a corruption case.
• What caused the investigation that led to the downfall of Portugal's prime minister?

The case involves four distinct investigations concerning the "Data Centre" construction initiative within the Sines Industrial and Logistics Zone, lithium exploration rights at the Romano (Montalegre) and Barroso (Boticas) mines, and the hydrogen power plant project in Sines.

As per the PGR, one of the inquiries examines the potential involvement of the former prime minister, "to facilitate processes within the Data Centre project," and is currently "under internal and external judicial confidentiality and therefore not accessible for review."

Costa has been requesting access to the case file involving him for several months, yet has not succeeded.

The incident that led to the fall of a government

Costa stepped down from his position as prime ministerOn 7 November 2023, the same day that investigations were conducted in multiple ministries and at the official residence of the prime minister, Palácio de São Bento.

That day, the Office of the Attorney General issued a statement verifying that João Galamba was a defendant, and that Costa would also be examined separately by the Supreme Court of Justice.

"The dignity of the Prime Minister's role is not consistent with any suspicion regarding his integrity, proper conduct, or, even more so, with the suggestion that he has committed any criminal act," Costa stated in his resignation speech.

Portugal's President Marcelo Rebelo de Sousa subsequently decided to dissolve the legislature and announce early elections.

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