Complaint Concerning Serious Administrative Failures to the Ombudsman of Justice

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Mr. Ombudsman of Justice

Subject: Complaint Concerning Serious Administrative Failures

INTRODUCTION

I hereby submit a formal complaint concerning serious administrative failures in the communication and coordination between:

1. the Portuguese Central Authority for the Hague Convention (ACP)
2. the Judicial Court of Cascais (Judge Sónia Sousa Bártolo)

in the child return proceedings under the 1980 Hague Convention – Ref. 2023/GAVPM/3898.

OBJECTIVE DOCUMENTED FACTS

1. The ACP receives the official request from Luxembourg: 24.01.2023
2. The father and mother notify the court: 30.01.2023 and 31.01.2023
3. The ACP FORMALLY requests suspension of the proceedings: 11.04.2023
4. The court COMPLETELY IGNORES the ACP: the provisional measure requested by the Public Prosecutor on 29.06.2023 remained undecided for 17 months (77 weeks)
5. Result: 99 weeks of delay = the longest recorded Hague Convention case, with a new world record

IDENTIFIED VIOLATIONS

1. Portuguese Central Authority (ACP)
• Failed to ensure compliance with Article 11 of the Hague Convention (decision within 6 weeks)
• The standard reply that “it depends on the judge” breaches the duty of interinstitutional coordination
• Failed to defend the best interests of the child (Article 3 of the Hague Convention)
2. Judicial Court of Cascais
• Ignored the ACP’s official communication of 11.04.2023
• Failed to decide on the urgent provisional measure for 17 months
• Such excessive delay violates Article 6 of the ECHR (reasonable time) and Article 8 (family life)

SPECIFIC REQUESTS

1. Administrative inquiry into the communication failures between the ACP and the court
2. Report on Portugal’s compliance with the Hague Convention (the 6-week deadline)
3. Recommendations to the ACP and the Ministry of Justice for future cases
4. Notification of the follow-up given to this complaint

FULL DOCUMENTATION AVAILABLE

• Public website: Pela Justica (anonymised case-file documents and hearing recordings)
• CSM complaint: Proc. 2023/GAVPM/3898
• Hearing recordings + original documents available at PelaJustica

This situation amounts to a serious systemic failure in the fulfilment of Portugal’s international obligations, with irreversible harm to the child and the parent concerned.

I thank you in advance for your urgent attention

Luxembourg, 26 April 2026