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MOTION TO RECUSE JUDGE | AFRICAN ETHNICITY | SKIN COLOUR | NATIONAL CITIZEN | RACIST ATTITUDE | SUBJECTIVITY | HYPERSENSIBILITY | FUTILE MOTIVE

 

Lisbon Court of Appeal, proc. 7662/2005-9, 07.07.2005

 

JURISDICTION: Criminal

SUBJECT: Motion to recuse judge

RAPPORTEUR: Almeida Cabral

RULING: Denies the motion to recuse the judge.

DOMESTIC LAW:

Code of Criminal Procedure [Articles 43, 45(2)]

Supreme Court of Justice, proc. 3/96.187, 06.11.1996

Coimbra Court of Appeal, proc. 5/92-92, 02.12.1992

Coimbra Court of Appeal, proc. 4/96-62, 10.07.1996

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Motion to recuse Judge ; born on African soil, then Portuguese territory; Guinea-Bissau; Guinean; national citizen; skin colour; trial hearing; honour and respect; attitudes with a racial connotation; embarrassment; average citizen; documentary proof of nationality ; false statements; possible crime of racial insult; predisposition to convict; partiality; unusual opinions; interruption of the allegations by the defence; High Commissioner for Ethnic Minorities; subjective conviction; judge’s alleged bias; offensive; insulting; defamatory; insinuation of a racist attitude on the part of the Court; person of African ethnicity; Angolan; Radio Africa; African music; Angola; Madeira as geographically Africa while legally Europe; African rhythms; acquaintances and friendships with people of African ethnicity; exaggerated sensitivity to racial issues; distrust about the judge's impartiality; pure subjective conviction; pure subjectivity; hypersensitivity; natural judge principle; futile motive; pure fantasies; whims; lower affection for the person of the judge; good faith; fundamental rights; defendant’s rights; European ethnicity; residence permit; subconscious

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

FRIEDRICH, Nicole, Diferença Cultural Sub Judice: Minorias Étnicas na Jurisprudência dos Tribunais Superiores Portugueses [Cultural Difference in Court: Ethnic Minorities in the Case Law of Portuguese Higher Courts], Braga, University of Minho, 2022, available at https://repositorium.sdum.uminho.pt/?locale=en.

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Posted inRACIST ATTITUDE NATIONAL CITIZEN SKIN COLOUR ETNIA AFRICANA FUTILE MOTIVE MOTION TO RECUSE JUDGE HYPERSENSIBILITY SUBJECTIVITY
TagsHigh Commissioner For Ethnic Minorities Angola Angolan Attitudes With a Racial Connotation Trial Hearing Residence Permit Good Faith Whims Average Citizen National Citizen Acquaintances and Friendships With People of African Ethnicity Subjective Conviction Skin Colour False Statements Distrust About the Judge's Impartiality Defamatory Defendant's Rights Fundamental Rights African Ethnicity European Ethnicity Possible Crime Of Racial Insult Guinea-Bissau Guinean Hypersensitivity Honour and Respect Insulting Insinuation of a Racist Attitude on the Part of the Court Offensive Interruption of the Allegations by the Defence Unusual Opinions Predisposition to Convict Madeira as Geographically Africa While Legally Europe Lower Affection For the Person of the Judge Futile Motive Judge's Alleged Bias African Music Born on African Soil, Then Portuguese Territory Partiality Natural Judge Principle Documentary Proof of Nationality Pure Fantasies Pure Subjective Conviction Pure Subjectivity Radio Africa Motion to Recuse Judge African Rhythms Exaggerated Sensitivity to Racial Issues Subconscious Embarrassment