CAT/C/PRT/CO/7
Confessions obtained through torture or ill-treatment
33.
While taking note of the guarantees set forth in article 32, paragraph 8, of the
Constitution and 126 of the Code of Criminal Procedure regarding the inadmissibility of
evidence obtained by torture, coercion and infringement of personal, physical or moral
integrity, the Committee regrets that the State party has not provided it with examples of
cases dismissed by the courts because of the submission of evidence or testimony obtained
by means of torture or ill-treatment (art. 15).
34.
The State party should:
(a)
Take effective steps to ensure in practice that confessions obtained
through torture or ill-treatment are ruled inadmissible and investigated;
(b)
Expand specialized training programmes for both judges and
prosecutors so as to ensure their ability to effectively identify torture and ill-treatment
and investigate all allegations of such acts;
(c)
Develop training modules for the police and other law enforcement
officers on non-coercive interviewing and investigation techniques;
(d)
Provide the Committee with information on any cases in which
confessions were deemed inadmissible on the grounds that they had been obtained
through torture or ill-treatment, and indicate whether any officials have been
prosecuted and punished for extracting such confessions.
Psychiatric institutions
35.
As the delegation acknowledged, there are logistic problems in the State party’s
psychiatric forensic units. The Committee therefore appreciates the efforts made by the
State party to open new units, recruit additional staff and develop a “step-down” model of
care. It also notes that the State party is currently reviewing its rules on the use of restraints
in psychiatric establishments in light of the recommendations contained in the report of the
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment on its 2016 visit to Portugal (arts. 11 and 16).
36.
The State party should:
(a)
Ensure that involuntary psychiatric hospitalization is strictly necessary
and proportionate and is applied as a measure of last resort and under the effective
supervision and independent monitoring of judicial organs;
(b)
Guarantee legal safeguards for persons hospitalized involuntarily in
psychiatric institutions;
(c)
Ensure that mental health services in the community are sufficient and
adequately funded;
(d)
Ensure that means of restraint are used only as a last resort to prevent
the risk of harm to the individual or others and only when all other reasonable options
would fail to satisfactorily contain the risk.
Asylum system and non-refoulement
37.
The Committee takes note of the data provided by the delegation on the number of
asylum applications received since 2016 and the corresponding recognition rates, which
increased from 25.19 per cent in 2016 to 54.32 per cent in 2019. It also takes note of the
information provided by the delegation on the number of persons returned between 2016
and 2018: 1,045, including deportees and returnees. It notes, however, that the State party
did not indicate whether any appeals were lodged or provide information on the outcomes
of any such appeals. The Committee is concerned that Portugal failed to meet its
commitment to relocate 4,274 asylum seekers from Italy and Greece under a European
Union relocation programme, since the State party accepted only 1,552 asylum seekers
between 2015 and 2017 under the programme. The Committee regrets that the State party
has not provided complete information on the procedures in place for the timely
identification of victims of torture among asylum seekers (art. 3).
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