Prosecuted for 90 offenses by the justice of his country, the Portuguese whistleblower Rui Pinto has filed a complaint with the European Commission, has learned The world. At the origin of the revelations of the “Football Leaks”, this massive data leak (10 terabytes of computer data) which triggered a media and judicial tornado, the young man of 31 years counter-attacks in order to contest the conditions of his extradition , in 2019, by Hungary, where he resided, to Portugal.
In January 2019, a European arrest warrant was issued and then extended, in June, by Portugal against Mr. Pinto. The investment fund Doyen Sports, apostle of the third property of the players (TPO), and the Sporting Club Portugal accuse him of having "hacked" their computer system in autumn 2015. He is notably accused of blackmail at respect of Doyen Sports, by demanding a sum of between 500,000 and one million euros.
Pending his trial, the 30-year-old has been incarcerated in Lisbon since March 2019 and his extradition authorized by Hungary. Rui Pinto, alias "John", has not been heard by the Portuguese courts since his first hearing in March, and his pre-trial detention has been continued.
In November 2018, Rui Pinto was heard as a witness by the French National Financial Prosecutor's Office (PNF) as part of his investigation for " organized gang laundering of aggravated tax fraud ", 'Scam' and "Participation in a criminal association". He handed over 12 million computer files to French investigators.
Rui Pinto is also in contact with the German tax authorities and was interviewed in March by the Belgian federal magistrate Julien Moinil. Most of the data is encrypted and the whistleblower is keen to make it usable when his detention is lifted.
Principle of specialty
In his complaint to the European Commission, registered on February 14, Rui Pinto's French lawyer, Me William Bourdon, believes that the Portuguese justice system has violated "The principle of specialty". Inscribed in Community law, this principle requires that“A person who has been surrendered cannot be prosecuted, sentenced or deprived of liberty for an offense committed before his surrender other than that which justified his surrender. "
Rui Pinto’s counsel points out that his client was the subject of an initial European arrest warrant for six offenses. The request for the extension of the arrest warrant concerned four other offenses.
However, the whistleblower was notified in September 2019 of 147 new charges by the Portuguese prosecutor. And investigating judge Cláudia Pina listed the 90 charges against him in January (attempted extortion, sabotage, crimes of illegitimate access, hacking and violation of the secrecy of correspondence).
Me Bourdon considers that such an accumulation of charges can harm his client. While Portugal applies the multiple penalties rule, Rui Pinto faces up to 30 years in prison.
Furthermore, the French lawyer claims that the enlarged European arrest warrant of June 2019 does not really specify the facts alleged against his client and does not specify the place where they were committed.
When it receives a complaint, the European Commission has 12 months to decide on the advisability of initiating a procedure of infringement of European Union law against the country concerned – Portugal in that case. It can also consider a non-contentious resolution with the state in question.
When their client's hearing date is known in Portugal, Rui Pinto's advisers reserve the right to contact the European Commission so that it “At least make contact with the Portuguese authorities before the trial. "
Relayed by the European Investigative Collaborations (EIC) consortium, including Mediapart is one of them, the Football Leaks are the source of many revelations. Which led to the implication of the Portuguese agent Jorge Mendes for suspicions of money laundering of tax evasion, and the conviction for tax evasion, in 2019, of two of his illustrious customers and compatriots: the star of Juventus Turin Cristiano Ronaldo and coach José Mourinho.
