CAT/C/CPV/CO/1
four prison guards were tried on charges of torture and, if they were convicted, on the
penalties that were meted out (arts. 2 and 12).
23.
The State party should inform the Committee about the outcome of the trial of
Carlos Graça and the four prison guards charged with torture as a result of the
actions they took following the riot that took place in 2005 at São Martinho prison, as
well as the penalties imposed.
Conditions of detention
24.
The Committee is concerned about the overcrowded prison facilities in the State
party and regrets that the prison population rate has doubled since 1997. In view of this
negative trend, the Committee regrets the lack of information, owing to the absence of a
State party report, about the measures taken by the State party to promote the use of
alternatives to imprisonment, including the review of the Act on the Enforcement of
Custodial and Other Sentences (Decree-Law No. 25/88), as announced in the 2013 national
report to the Working Group on the Universal Periodic Review (see
A/HRC/WG.6/16/CPV/1, paras. 100-102). The Committee also notes with concern that
prison congestion has contributed to the expansion of drug trafficking inside the prisons,
particularly in São Martinho prison, and is concerned that this illicit practice is difficult to
control because the number of correction officers and surveillance devices is insufficient.
The Committee is also concerned about reports that health services for prisoners are
insufficient, particularly for prisoners with psychosocial disabilities or substance addiction,
and about the inadequate ventilation and sanitary facilities, especially for persons with
physical disabilities. It is also concerned about allegations of ill-treatment of prisoners and
cases of gender-based violence and regrets the lack of information, owing to the absence of
a State party report, on the number of cases of prison violence registered and on the existing
complaint mechanisms in places of detention. The Committee recalls the concern of the
Human Rights Committee that juveniles were allegedly not held separately from adults and
accused persons were reportedly not separated from convicted prisoners (see
CCPR/C/CPV/CO/1, para. 14) and regrets the lack of information regarding measures to
ensure this separation (art. 11).
25.
The Committee calls on the State party to expedite the review of the Act on the
Enforcement of Custodial and Other Sentences (Decree-Law No. 25/88) and bring the
operational procedures in the national prison system in compliance with the United
Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson
Mandela Rules). The State party should also:
(a)
Significantly reduce overcrowding in prisons by making more use of
alternatives to incarceration, such as suspended sentences for first offenders or for
certain minor offences;
(b)
Continue its efforts to improve prison facilities and allocate the resources
required for improving the conditions of detention and adapting detention facilities to
prisoners with physical disabilities, in accordance with international standards;
(c)
Address the root causes of increased juvenile delinquency, as
recommended by the Human Rights Committee (see CCPR/C/CPV/CO/1, para. 11);
(d)
Enhance detection and monitoring of detainees at risk of drug addiction
and violence among prisoners, including by increasing prison staff and installing video
cameras in all places where detainees might be present;
(e)
Improve the provision of medical services to prisoners, particularly for
prisoners with psychosocial disabilities and those who are addicted to drugs;
7