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confidentially12 and directly, and without any form of internal or external scrutiny or
censorship, to independent, impartial and effective bodies with the power to
investigate and trigger appropriate protective and remedial action. The Subcommittee
also recommends that the State party ensure that those submitting such complaints
are not subjected to any form of reprisal or sanctions, including physical, disciplinary
or administrative sanctions.
51.
During the meetings with representatives of the Inspectorate General of Home
Affairs and the national preventive mechanism, the Subcommittee delegation noted that
many cases had been closed not only because of a lack of evidence but also because of
incomplete and insufficient documentation. The Subcommittee recommends that the
State party ensure that the educational and training programmes for police and
prison personnel includes the proper documentation and complaint processing
methods.
52.
The Subcommittee notes that the national preventive mechanism currently has 15
staff members who simultaneously perform other functions of the ombudsperson’s office
and that the Inspectorate General of Home Affairs consists of 12 seconded police officers.
The Subcommittee urges the State party to ensure that the resources allocated to these
institutions provide for an adequate number of qualified staff members and enable
them to carry out their professional duties efficiently.
IV. Prevention of torture and ill-treatment
A.
Police
53.
There were no detainees in any of the police stations visited by the Subcommittee
during the course of the visit. In general, the registration and transfer of inmates and the
conditions in the cells seemed satisfactory. Nevertheless, the delegation was informed by
some inmates interviewed in prisons that they had been kicked and punched by police
during their arrest. None of them had filed official complaints, and they referred to the
practice as “normal” and something that “happens all the time”.
54.
The Subcommittee considers it unacceptable that persons who are arrested
believe that it is normal to be kicked and punched by a police officer and recommends
that the State party enhance educational and oversight measures to ensure that the
behaviour of police officers is in full compliance with prevention of torture and
human rights standards.
B.
Prisons
55.
The Subcommittee did not encounter evidence of widespread violence, torture or illtreatment in prisons. In general, and with few exceptions, there was no impression of
intimidation or fear among inmates. There were, however, some allegations of beatings,
including a case that resulted in the transfer of the guard in question to another prison and a
case in which a man on hunger strike had been kicked and punched. Most inmates reported
that at Lisbon Central and Caxias Prisons the guards administered severe beatings to the
prisoners there. In addition, there were allegations of verbal insults by the guards.
56.
The Subcommittee wants to draw the State party’s attention to the situation in Porto
Prison, which was extremely overcrowded on the day the delegation visited. There were
1,077 inmates in the facility, which has an official capacity of 686, meaning that the prison
was operating at over 150 per cent of capacity. No extra staff had been provided to make up
for the increased occupancy, resulting in a severe risk to health and life. Inmates reported
that if there were an emergency they might die in their cells, as guards did not respond to
their calls. Indeed, the delegation experienced this first-hand when a bell in a disciplinary
12
10
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules),
rule 57.