CAT/OP/PRT/1
77.
The delegation heard complaints about the excessive duration of the confinement of
prisoners to their cells,14 which according to law cannot exceed 30 days. On one occasion,
an inmate in Paços de Ferreira Prison, who was interviewed by the delegation, had been
confined to a cell for several months and after one month without the radio, television or
the opportunity to communicate with others, he “went crazy” and burned his face and hand.
78.
It appears that some prisons have acute security problems with inmates related to
their drug and cigarette debts. Despite warnings by the prison administration to prisoners
upon arrival not to accumulate debts, many prisoners still do. The accumulation of debts
frequently results in being beaten up and threatened by other inmates. In Coimbra Prison
indebted inmates had to be located in a separate wing and sometimes to a confinement cell
for their own protection. In Paços de Ferreira Prison two inmates declared a hunger strike in
order to be placed in another section of the prison where they felt less threatened. As two of
the disciplinary cells in the prison were specifically allocated for prisoners who declared
hunger strikes, the inmates were placed there until they called off their strike. However, as
the prisoners had to remain on hunger strike or be transferred back to the section they came
from, this created a serious situation both for the prisoners and the administration. The
prison administration does not seem to have reported such inter-prisoner security problems
to the public prosecutor for investigation.
79.
The delegation heard numerous allegations in all the prisons visited about smuggling
of phones and drugs by the guards. The price of a mobile phone, depending on the prison,
varied between €300 to €600. There were also allegations that guards on night shift were
under the influence of alcohol or possibly drugs and behaved aggressively. The only direct
allegations of beatings and violent behaviour by prison guards came from prisoners in some
of the disciplinary cells.
80.
As for options to appeal disciplinary sanctions, only one prisoner mentioned that he
had appealed against the disciplinary punishment he received, alleging that the decision to
sanction him was based on charges fabricated by a guard. It is unclear whether the
disciplinary appeal mechanism is available and accessible to the inmates and used by them.
81.
The Subcommittee recommends that the State party ensure that the
disciplinary proceedings in prisons are speedily processed and that measures are put
in place to allow prisoners to appeal against the imposition of disciplinary sanctions.
Disciplinary cells should only be used when strictly necessary and time spent in
confinement cells should be deducted from the period fixed for the disciplinary
sanction. The Subcommittee also recommends that the State party ensure, including
through changes in legislation if necessary, that the maximum period of placement in
solitary confinement does not exceed 15 consecutive days 15 and that such periods
cannot be imposed consecutively or in swift succession.
82.
The Subcommittee further recommends that the appropriate authorities
outside the prison be informed should inter-prisoner violence exceed the controlling
capacity of the prison administration. Moreover, it is recommended that allegations
regarding smuggling of prohibited goods and objects by prison guards be properly
investigated.
VII. Health care
A.
Generic observations and concerns
83.
During its visits to prisons, psychiatric units and forensic units, the Subcommittee
noted the following common concerns. Inmates received limited medical attention from
doctors. Most care was provided by nurses who took on responsibilities for tasks that
should be done or at least closely supervised by doctors, such as stitching wounds, taking
decisions in relation to the dosage of medications and supervising the inmates on hunger
14
15
14
Ibid., art. 105 (f).
Nelson Mandela Rules, rule 44.
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