CAT/OP/PRT/1
information on their status and on the reasons for their detention. The State party needs to
keep detainees fully informed, in language they understand, of the reasons for their
detention and the procedural and substantive stages of the immigration processes and
should update them on the stages reached in a timely manner.
45.
The Subcommittee would like to commend the State party on the conditions of
detention in the female high security prison in Santa Cruz do Bispo. The Subcommittee was
informed that the prison practises a model of public-private cooperation in which security
and administration are under the responsibility of the State and medical, schooling, work,
leisure and cultural activities are provided by a private partner. The delegation noticed open
and respectful relations between the staff and the inmates and heard very little negative
feedback from the prisoners interviewed.
46.
The Subcommittee would like to note that, with very few exceptions, there were no
complaints concerning visits to prisoners. All the prisoners interviewed said that they could
receive regular visits once a week for one hour and intimate visits of a spouse or partner
once a month for up to three hours, in accordance with the legal provisions in force. 11
B.
Complaints mechanisms
47.
The State party has several institutional mechanisms for the prevention of torture
and ill-treatment in places of detention consisting, among others, of the national prevention
mechanism; the Inspectorate General of Home Affairs; the audit and inspection service at
the directorate-general of reintegration and prison services; and the commission for followup on the implementation of the compulsory internment regime. These institutions are
authorized to visit places of deprivation of liberty and receive complaints from persons
detained in police facilities (the national preventive mechanism and the Inspectorate
General of Home Affairs), serving sentence in prison (the national preventive mechanism
and the audit and inspection service) or placed in a mental institution or hospital (the
national preventive mechanism and the follow-up commission). The Subcommittee noted,
however, that information on these institutions was not readily available in places visited by
the delegation and the inmates interviewed by the Subcommittee, with rare exceptions,
were not aware of the existence of such monitoring and investigative mechanisms.
Furthermore, the prisoners interviewed alleged that the complaint forms were not available
or not easily available and that the complaint procedures were long and unclear.
48.
The Subcommittee recommends that information on monitoring and
investigation mechanisms and the relevant complaint procedures be made readily
available to detained and arrested persons, including by displaying such information
prominently in police stations and prisons.
49.
It appeared to the Subcommittee delegation that most inmates were reluctant to
make official complaints about verbal abuse or beatings by prison guards because they
believed that the complaints system did not work. Some inmates reported that when they
asked for a complaint book they were told that it did not exist; others said that sometimes
the guards just destroyed their complaint form in front of them. Several prisoners reported
that they never received a response even if their complaint had been delivered and
considered. The same concerns were raised with regard to complaints about material
conditions. Some inmates were not willing to complain about a lack of glass in the
windows or a lack of warm blankets in winter (e.g., in Paços de Ferreira Prison), fearing
relocation to even worse conditions. In one case, an inmate alleged that following his
submission of a written complaint to a special parliamentary committee he had been denied
visits and phone calls at Christmas and his first conjugal visit in two years had been
cancelled.
50.
The Subcommittee recommends that the State party put in place effective
mechanisms to allow detainees to submit complaints concerning ill-treatment
11
Enforcement of sentences code, part XI, chap. I.
9