CAT/OP/PRT/1 cell rang for 20 minutes without response as all the guards were taking a lunch break. The delegation eventually managed to call a guard. When the guard opened the cell at the delegation’s request, they found an inmate who was barely conscious and needed immediate medical attention. 57. Disciplinary cells in the Porto Prison were extremely overcrowded. The Subcommittee visited a cell with 12 inmates that had less than 3 m2 floor space per person, not subtracting the space occupied by their beds and a table to eat on, as the inmates had to take all their meals in the cell. There was virtually no space to move around, and the inmates were confined in the cell up to 23 hours per day on weekdays and 24 hours a day on weekends, some of them for months and some for years. Prisoners who smoked were smoking in this cell, affecting the non-smokers. Inmates in this prison reported regular beatings by the guards. One case reported to the delegation concerned an inmate who had been severely beaten during a cell search and had died without receiving medical assistance. Another case, which happened about a month prior to the visit, concerned a wheelchair user who was ordered by a guard to stand up and was then beaten because he could not do so. The delegation saw the documentation and the pictures of the individual in question, heavily bruised. The guard who inflicted the injuries was still working in the prison and no proceedings had been initiated to investigate the allegations. 58. The Subcommittee recommends that the State party ensure to persons alleging ill-treatment a confidential and accessible way of filing a complaint with an independent investigative mechanism, that such allegations are investigated in a prompt and effective manner, that those responsible for ill-treatment are punished accordingly and that the complainant receives a response within a reasonable amount of time. The Subcommittee emphasizes that the transfer of persons found to have perpetrated torture or ill-treatment to another prison cannot be considered a sufficient penalty. 59. The Subcommittee further recommends that the State party urgently review the situation in Porto Prison to ensure adequate staffing, material conditions and medical care and to prevent further ill-treatment. C. Psychiatric care 60. The Subcommittee is concerned that a doctor can prescribe physical restraint at one point in time and that this authorization is never re-evaluated or is not re-evaluated for years. This was the case, for example, of a woman in the psychiatric clinic of São José who had been put in a five-point restraint. In this clinic it also appeared that restraints were not used as a last resort, as prescribed, inter alia, by the guidelines on restraint No. 021/2011 issued on 6 June 2011 by the Ministry of Health, but were implemented due to understaffing, as there were not enough staff to adequately supervise some of the patients if they remained unrestrained. 61. The Subcommittee recommends that the State party take measures to ensure that physical restraint is used only as a last resort and that its authorization in each individual case is re-evaluated on a periodic basis. The Subcommittee wishes to be kept informed about changes in the legal system coming into force and refers to the Means of Restraint in Psychiatric Establishments for Adults (revised CPT standards) (CPT/Inf(2017)6)) of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. V. Police practice and procedure A. Fundamental safeguards during the initial stage of detention 62. The Subcommittee delegation noted that the detention time in police stations, which by law can last up to 48 hours, in practice was very short and usually lasted only the few hours necessary to process the arrest documentation. The exception were weekends, when 11

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