A former president and a former director of services of Lar do Comércio, in Matosinhos, district of Porto, start this Tuesday, February 14, to be tried for 67 crimes of mistreatment, 17 of which aggravated by the result death
In April 2022, the Court of Criminal Instruction of Matosinhos pronounced (decided to take to trial) the former president of the board, the former director of services 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-bed sores, diapers and protein supplements.
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.
The indictment states 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 of the Republic (PGR) responded to Lusa that had opened an investigation into the actions of that IPSS, where they had been, to that date, accounted for 21 deaths due to the covid-19 pandemic.
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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