LAWYERS’ COLLECTIVE OF THE PROVINCE OF LUANDA
Process nr. 2.451/91
TO THE VICE-MINISTER FOR THE DOMESTIC AFFAIRS AND GENERAL COMMANDER OF THE POPULAR POLICE
Luanda, January the 31st 1992
SUBJECT: – DETERMINATION OF THE AUTHORSHIP OF TWO CRIMES OR MURDER AND OTHERS.
As a previous point to the subject we hereinunder intend to expose to you, we would like to apologise for the precious time we are going to take from the little time you have got to live and solve the inumerous and complex problems connected to the difficult but honourable mission with which the Government of the Democratic Republic of Angola as entrusted on one hand and, on the other hand and in the same manner, the fact of having to appeal to your good understanding and support of always in order to solve and settle the precarious “CAROLINA CASE”, mentioned in the process supra-referred aside.
Having your expressed authorization, mr.Minister for the Domestic Affairs, formally corroborated by the Minister of Justice, we have been exercising advocacy, in a regime of time availability, as we do it without damaging the mains functions we perform in the Ministry for the Domestic Affairs for a long time.
Therefore, and under the 28th article of the Constitutional Law in force, it is recognised to all and every citizen the right to assistance and to the judiciary support, we were called to accept the defense of the cause “CAROLINA” within the process we have already mentioned and whose procedural steps are already proceeding, for some months, in the Provincial Direction for Criminal Investigation in Luanda.
What is the CASE CAROLINA?
Bearing the name CAROLINA DE FÁTIMA DA SILVA FRANCISCO, born in Angola, she was a partner of the Enterprise under the Law of Angola ASTRA-Serviços e Empreendimentos, Limitada, sited in Rua Karl Marx, nr. 29, in Luanda, at the top of the runway where it is located the enterprise ROBERT HUDSON, Limitada.
For reasons unknown until now, CAROLINA FRANCISCO, with only 22/23 years old at the time, was brutally murdered inside the installations of her enterprise on February of the current year of 1991, an action which, having occurred at night, was preceded of rape, torture, stabbing and strangling, among other criminal practices. At the same time was also murdered the element who guaranteed the surveillance and protection of the physical structures where the administration of the mentioned enterprise functions, from where, together with such crimes, were also subtracted goods and financial means of high amount.
Respecting the Institutions legally created by the legitime Government of the Democratic Republic of Angola, to which the citizen must appeal by right, the facts were participated at once to the Police, who, during the first days, has made all the efforts possible in order to determine the respective authorship and render possible the consequent commination of the correspondent penalties by the competent Courts.
The Mass Media have given all the publicity to the event, given its seriousness and complexity, thus generating several comments and real condemnation inside Luanda, whose population, as always, awaits in expectation for the public presentation of the criminals.
Notwithstanding the involvement of high entities of the Popular Police and the prompt cooperation of relatives and colleagues of the victim, who have put at the service of the Criminal Investigation Entities means of transportation among other things, until now the facts have not been enlighten with the aggravating circumstances that since August 1991 it has been required the enclosure to the records of the power of attorney granted to the signatary lawyer, and this has not been done until January the 29th 1992, at least, date on which has been performed the last diligence in the mentioned Institution.
Unfortunately, the investigations tending to the clearance of the occurred have been very dubious, has they are based in conjectures and are destituted of the contribution of other scientific knwoledges universally accepted.
Elements upon which befall strong suspicions of having participated in the infractions practice were already released due to the expiration of the terms of preventive prison in preparatory regulation.
Unfortunately, the local inspection of the crime wasn’t performed and the preservation of the location of the event, that should have occurred before that, wasn’t done either, thus allowing the alteration of inumerous material proves and other traces left there.
Based on the unexistance of other clues, the crime procedure has been pending for some days now, a fact generating a growing frustration, impatience and disparagement on the relatives and partners of the victim side who, used to think and to believe in the seriousness of the facts which deserve the juridical guardianship, have always awaited in expectation for the location and capture of the real authors.
We don’t want anything but to see an intense activity, isempt and transparent on the side of the elements that have been conducting the investigations, since the different substitutions which have already taken place in the direction of the same, lead those directly interested to presume the invocation, within a short delay, of the existence of objective impossibility, thus staying the records awaiting for the presentation of a better proof, the most comfortable way for convincing those who wait for a more coherent attitude on the side of the competent authorities.
In case of a non-verification of the concern for the clearance of the facts, that, as we already said, are very serious and complex, whose effects haven’t stopped and will not stop to affect moral and materially the co-partners of the victim (illegible) persecutions and (illegible) by well-identified elements, we will be in the presence of another case not very dignifying for the Country in general and for the Ministry for the Domestic Affairs and its organs, in particular.
After all this, we take the opportunity to thank you, and to reiterate our highest esteem and consideration, as well as to propose that our concern be inscribed in the order of the day of the different operative meetings or equivalent encounters of that most worthy Institutions, viewing a more frequent and direct close following until the conclusion of the preparatory regulation and consequent remittitur of the process into Trial.
We enclose two important letters for analysis and due effects, as well as a copy of a POWER OF ATTORNEY.
MR.BARTOLOMEU FELICIANO FERREIRA NETO
– Lawyer of the Collective of the Province of Luanda –
– Manuel Maria Gomes, Attorney of the Republic For the Criminal Investigation Organs and Procedural Regulation.
– Superintendent Gaspar Manuel da Silva, Commander of the Provincial Popular Police of Luanda.
– Paulo André Francisco, Provincial Director for the Criminal Investigation of Luanda.
– Superintendent José Manuel Santos Conceição Silva, National Director for the Criminal Investigation.