Army doctor and instructor will not now have to serve time behind bars
The arduous process by families who lost two fit young men in appalling circumstances on a Commandos training course nine years ago has finally come to a close, with judges of the Supreme Court changing the terms of sentences handed down last year.
The ruling means that army doctor Miguel Domingues – initially blamed for this unmitigated tragedy – does not face an effective jail sentence of seven years and six months; ditto army instructor Ricardo Rodrigues whose appeal was ‘partially upheld’, meaning that his jail term of five years and three months was reduced to four years, suspended for the same period.
Passing judgement, the panel at the STJ said they had decided to sentence Miguel Domingues to “two specially attenuated sentences” of three years and six months in prison for two crimes of abuse of authority by offence against physical integrity – which translates into a single sentence of four years and six months, the execution of which is suspended for five years.
Other appeals, lodged by the director of the Commandos course Mário Maia, and instructors Hugo Pereira and Messias Carvalho were dismissed, which means their convictions (all involving suspended jail terms) are maintained.
Army lieutenant Pedro Fernandes also had his appeal rejected, maintaining the initial decision for a four year three month suspended jail sentence.
Reacting to the decision, Ricardo Sá Fernandes, the lawyer representing the families of 20-year-olds Hugo Abreu and Dylan da Silva said he was satisfied: “Justice has been done”.
“After nine years, the so-called “Comandos” case has come to an end, in which two young men, who should not have died, died because of abuse of authority by their superiors. After a first instance sentence in which the serious faults committed were disregarded, the Lisbon Court of Appeal and the Supreme Court of Justice have honoured justice and the memory of Hugo Abreu and Dylan da Silva, punishing those most responsible for what happened to them,” reads the note sent by Sá Fernandes to Lusa, in which the lawyer concluded that he hopes “that the Armed Forces take away from this case the lesson it gives us.”
Dylan da Silva and Hugo Abreu died following a gruelling ‘zero test’ (meaning zero water/ consideration) on a boiling hot day in September, 2016, when temperatures in Alcochete (where they were carrying out the exercise) registered 42ºC. A number of other trainees suffered serious injuries and had to be hospitalised.
Eight officers, eight sergeants and three privates, all from the Commandos, most of them instructors, were charged with abuse of authority by offence to physical integrity. According to the indictment, the defendants acted with “manifest disregard for the serious consequences they caused the offended”.
This was always a horrible story; unthinkable that it could happen to young men signing up for a crack army placement. It can be read here.
Source material: LUSA
