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Former president and director of Lar do Comércio on trial in February for mistreatment

The first session is scheduled for February 14th, at 2pm, at the Matosinhos Palace of Justice


A former president and a former director of services of the Lar do Comércio, in Matosinhos, Porto district, begin to be judged on February 14 for 67 crimes of mistreatment, 17 of which aggravated by the result death.

The information was advanced this Wednesday to the Lusa agency by judicial source, adding that the first session is scheduled for 14h00, at the Palace of Justice of Matosinhos.

In April 2022, the Court of Criminal Instruction of Matosinhos pronounced (decided to take to trial) the former chairman of the board, this Wednesday with 80 years, the former director of services, 49 years, and the Private Social Solidarity Institution (IPSS), in the exact terms of the prosecution (MP), after the defendants have requested the opening of instruction.

According to the indictment of the MP, to which the Lusa agency had access, between January 2015 and February 2020, the defendants "violated the duties inherent to the positions they held".

The MP maintains that the defendants, "despite knowing that the institution had the economic means to do so, for reasons of reduction and containment of spending", did not hire doctors, employees and nurses necessary "to ensure the comfort and minimum care to users", failing also to buy equipment, furniture and hygiene and therapeutic products, such as dressings for bedsores, anti-sores mattresses, diapers and protein supplements.

"For economic reasons, on behalf and in the leadership and direction of the defendant 'Lar do Comércio', [the defendants] neglected the treatment and care due to dependent persons placed under the guard and care of the defendant 'Lar do Comércio', and, inherent in their functions, also placed under their guard and care," the indictment emphasizes.

The MP adds that the defendants "acted with the awareness that their conduct would result in the lack of care in health, hygiene, food, attention, affection, entertainment and socialization" of bedridden residents.

"Determining the worsening of the state of health, causing them physical ailments and physical and psychological suffering, violating the dignity of the human person, as occurred in 50 of the users hospitalized there," reads the indictment.

The defendants, also according to the indictment, filed on July 27, 2021, "also acted with the knowledge that the omission of care to users could cause them death, as happened with 17 of the users hospitalized there.

"It was also for the same economic reasons that they contained spending on human resources, not hiring the employees and nurses needed to ensure the comfort and minimum care to people unable to perform daily life activities, and did not provide, thus, the conditions for the treatment and care due to dependent people, placed in the custody and care of the defendant 'Lar do Comércio'," stresses the MP.

The indictment says that the defendants "were always aware of the practice of acts that violated the individuality and dignity of the human person, as well as the inhumanity and cruelty of these acts and the humiliation and suffering they caused the dependent residents.

"By acting as described, by themselves and through third parties who acted under their orders and over whom they had power to direct and discipline, the defendants Marta Soares and José Moura, by themselves and in representation of the defendant 'Lar do Comércio', acted aware that they caused, either by action or by omission, suffering, anguish and vexation in the most vulnerable people who were in their care, and whose welfare they were required to defend and safeguard," concluded the MP's investigation.

On May 15, 2020, the Attorney General's Office (PGR) responded to Lusa that it has opened an investigation, underway in the Department of Investigation and Prosecution of Porto, the actions of this IPSS, where were, to date, accounted for 21 deaths due to the pandemic covid-19.

On October 19, 2020, a report by the Human Rights Commission of the Bar Association (CDHOA) revealed evidence of "serious violations" of human rights at Lar do Comércio, and "repeated non-compliance" with guidelines received in inspections.

That year, the Lar do Comércio had more than 100 elderly people infected with covid-19, 24 of whom eventually died, according to the 23-page "investigation into the covid-19 outbreak" report.

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