Military Court Suspends DSP Case, Refers to Supreme Court
The Military Regional Court of Bissau has suspended the proceedings against Domingos Simes Pereira (DSP) and referred the case to the Supreme Court of Justice for a ruling on constitutional issues.
On June 11, 2026, Judge Simo Bacale Biague issued a dispatch admitting a request questioning the constitutionality of legal norms applied in DSP's case. The judge emphasized the duty to avoid applying norms that conflict with the Constitution, stating that only the Supreme Court has the authority to decide on such matters, as outlined in Article 126 of the Constitution of Guinea-Bissau.
The dispatch reads: "Admitted the question of unconstitutionality, the incident is separately referred to the Supreme Court of Justice, which will decide in plenary." Consequently, the proceedings are suspended until the Supreme Court delivers its decision.
A notification dated the same day, June 11, 2026, with process number 01/2026, directed the Military Prosecutor's Office and DSP to be informed of the dispatch's content. DSP will be notified through his legal representatives: Augusto Na Sambe, Roberto Indeque, Meirio Lino Pereira da Veiga, and Lueds Peti, as per the document signed by Clerk of Law Marculino da Silva Sei.
The judge's dispatch concluded that the Criminal Instruction Judge should limit themselves to forwarding the request to the competent authority to decide on the constitutionality issue. Therefore, the proceedings are suspended pending the Supreme Court's plenary decision on the raised unconstitutionality.
This development underscores the ongoing legal complexities in Guinea-Bissau's judicial system, particularly concerning high-profile political figures. The Supreme Court's forthcoming decision is anticipated to have significant implications for the country's legal and political landscape.
