Former Parliament Speaker Slams Judicial System as 'Kafkaesque Instrument' in Influencer Operation

Ferro Rodrigues Criticizes Judicial Power

Former President of the Portuguese Parliament Eduardo Ferro Rodrigues sharply criticized the judicial system on Saturday, warning that it has become a "Kafkaesque instrument" and stating that "those who remain indifferent could be the next victims."

His statement, issued to the Lusa news agency, came one day after the newspaper Expresso reported that former Prime Minister António Costa, now President of the European Council, has been requesting access to the case files in which he is named for over a year. His first request was reportedly submitted to the Public Prosecutor's Office even before judicial secrecy was imposed on the Influencer Operation case.

Judicial Secrecy and Access Denials

Ferro Rodrigues argued that the combination of anonymous complaints, selectively publicized preventive investigations, targeted leaks to media outlets, and judicial secrecy transforms the judicial power into a Kafkaesque instrument. He emphasized that indifference could make anyone the next victim of such practices.

On Friday, the Public Prosecutor's Office stated that a prior request for consultation before the imposition of judicial secrecy in the Influencer Operation is irrelevant for denying access to the case files by former Prime Minister António Costa. The Prosecutor General's Office clarified that once judicial secrecy is decreed, access to the process is no longer permitted, regardless of any previous requests.

Manifesto of the 50 and Ongoing Investigations

The Expresso also interviewed signatories of the Manifesto of the 50, including Ferro Rodrigues, who consider it unacceptable that António Costa cannot consult the process in which he is being investigated.

In a clarification published on the official page of the Prosecutor General's Office, the Central Department of Investigation and Penal Action recalled that the inquiry targeting António Costa remained with the Public Prosecutor's Office at the Supreme Court of Justice until April 10, 2024, due to his status as a sitting prime minister under investigation. It was transferred to the DCIAP on April 12.

The DCIAP further stated that the decision to apply judicial secrecy to the inquiry "was judicially validated" and that "this inquiry is still subject to judicial secrecy, internal and external, and therefore not open for consultation."

According to Expresso, the former prime minister has submitted four requests for consultation, all denied. At his request, António Costa was heard at the DCIAP by prosecutor Rita Madeira as a declarant on May 24, 2024, without being formally indicted.

Recent Developments and Case Background

On November 7, Prosecutor General Amadeu Guerra noted that the Influencer Operation case had a pending appeal at the Lisbon Court of Appeal regarding access to information in emails seized from lawyers. He was unaware that the appeal had already been decided in favor of the defendants, denying the Public Prosecutor's Office access to those emails.

On November 7, 2023, five people were detained and later released as part of the Influencer Operation, including António Costa's then-chief of staff, Vítor Escária.

The case involves suspicions of crimes related to the construction of a data center in Sines, hydrogen energy production in the Setúbal district, and lithium exploration in Montalegre and Boticas in the Vila Real district. This led to the fall of António Costa's government, with the now European Council President being considered a suspect without being formally indicted.