TOWARDS PLACING THE McCANN COUPLE UNDER INVESTIGATION.
In Portugal, the criminal process is comprised of three phases: the investigation, the instruction and the trial. Under the direction and control of the Public Minister, the investigation is led by the criminal police, who enjoy total practical and tactical independence. The police officers may make a declaration of arguido status as they think fit. This status confers on a suspect a set of rights and responsibilities. One of the fundamental principles of our code of criminal procedure is that of non-self-incrimination: it is illegal for information given by a witness to later be used against him and to implicate him in a crime. The right of silence, therefore, allows him to avoid giving incriminating details. But the status heaps opprobrium on those who become arguido, in spite of the principle of presumption of innocence.
With due regard to procedural regulations and faced with evidence of the concealment of a corpse and simulation of an abduction - partially confirmed by laboratory analyses -, we decide to question the McCanns before their imminent return to England. This decision is taken with full knowledge of the facts by the investigators, the Public Minister and the Director of the Judiciary Police. (PJ)
