CAT/OP/PRT/1/add.1
Nacional Republicana [GNR]) and to the Justice Services General Inspectorate of (if they
are brought by the Polícia Judiciária [PJ]). This rule has been strictly observed. It should be
clarified that Article 11 provides that upon finding any visible injuries, or when there is a
complaint of aggression prior to admission, the injuries are recorded and, if the inmate agrees
with it, they are photographed; a medical examination is always carried out and the
corresponding report drawn up. Immediate medical care is ensured, when required.
20.
In the area of prevention and reinforcement of the "zero tolerance" policy on illtreatment, Circular No. 1/2016 also refers that all the staff working with inmates have to
display an identification card with photography. The issue and distribution of this card is in
its final stage. A final note to mention that, in order to contribute to the prevention of illtreatment, a significant investment was made with the installation of CCTV in prisons.
21. During the meetings with the IGAI and NPM, the SPT delegation noted, that many cases
are closed not only because of lack of evidence, but also because of incomplete and scarce
documentation. The Subcommittee recommends the State party to ensure that the
educational and training programs for police and prison personnel includes the proper
documentation and complaint processing methods.
22. The Subcommittee notes that the NPM has currently 15 staff members, who
simultaneously perform other functions of the Ombudsman’s office and that IGAI consists
of 12 seconded police officers. In this regard, the Subcommittee urges the State party to
ensure that the resources allocated to these institutions provide for adequate number
and qualifications of the staff members and enable them to carry out efficiently their
professional duties.
23.
With respect to recommendations 50. and 51., it is worth mention that training courses
for prison guards always include disciplines relating to the protection of human rights,
multiculturalism and techniques of interpersonal intercommunication, as well as on the use
of coercive means (control and restraint techniques), subject matters covered by Circulars
and other guidelines of the DGRSP, which include obviously filing a complaint.
II. Prevention of Torture and ill treatment
A.
Police
24.
The Subcommittee considers it an unacceptable that arrested people believe that it is
normal to be kicked by a police officer and recommends the State party to enhance
educational and oversight measures to ensure that the behaviour of the police officers is in
full compliance with prevention of torture and human rights standards.
25.
In paragraph 53, it should be mentioned that the data are too generalist, without
officials complaints and specific cases. General Inspection of Home Affairs within the scope
of its competencies performs unannounced inspections at the premises of the LawEnforcement bodies.
B.
Prisons
26.
The Subcommittee recommends that the State party ensure to persons alleging
ill-treatment, a confidential and accessible way of filing a complaint to an independent
investigative mechanism, that such allegations are investigated in prompt and effective
manner, that those responsible for ill-treatment are punished accordingly and that the
complainant receives a response within reasonable time. The Subcommittee underlines
that the transfer to another prison cannot be considered a sufficient sanction for the
identified perpetrators of torture and ill-treatment.
27.
4
Please consider the answer provided to recommendation 49.