CAT/C/PRT/CO/7
found guilty of falsifying documents and aggravated ill-treatment in relation to actions
against six young black men in February 2015 in Cova da Moura district in Amadora,
Lisbon; three of the officers were also convicted of aggravated kidnapping. One defendant
was sentenced to 18 months in prison, while the seven others received suspended sentences.
The victims were granted compensation ranging from €7,500 to €10,000, although an
appeal is pending. The Committee notes with concern that the investigative judge in the
case rejected the Public Prosecutor’s request that the officers be suspended pending trial,
and that all charges of torture and racist motivation were dismissed by the court (arts. 2, 12,
13 and 16).
18.
The State party should:
(a)
Ensure that all allegations of excessive use of force and racially
motivated misconduct by the police are investigated promptly, thoroughly and
impartially, and that perpetrators are duly tried and, if found guilty, punished in a
manner commensurate with the gravity of their acts;
(b)
Increase efforts to systematically provide training to all law enforcement
officers on the use of force, taking into account the Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials.
Prompt, thorough and impartial investigations
19.
The Committee is concerned that the State party has not furnished complete
information on the number of complaints of torture or ill-treatment, including excessive use
of force, or on the corresponding investigations and prosecutions during the reporting
period. According to the limited additional information provided by the delegation, between
January 2018 and October 2019 the Inspectorate General of Home Affairs had registered
1,715 administrative proceedings, including 544 cases of ill-treatment, and had directly
carried out 30 investigations and 43 disciplinary proceedings. However, the Committee has
not received comprehensive information about the disciplinary and/or criminal sanctions
imposed on the offenders, nor an indication whether the alleged perpetrators of those acts
have been removed from public service pending the outcome of the investigation of the
complaints (arts. 2, 12, 13 and 16).
20.
The State party should:
(a)
Ensure that all complaints of torture and ill-treatment are promptly
investigated in an impartial manner by an independent body, and that there is no
institutional or hierarchical relationship between that body’s investigators and the
suspected perpetrators of such acts;
(b)
Ensure that the authorities launch investigations whenever there are
reasonable grounds to believe that an act of torture or ill-treatment has been
committed;
(c)
Ensure that, in cases of alleged torture or ill-treatment, suspected
perpetrators are suspended from duty immediately for the duration of the
investigation, particularly when there is a risk that they might otherwise be in a
position to repeat the alleged act, commit reprisals against the alleged victim or
obstruct the investigation;
(d)
Compile and publish comprehensive disaggregated statistical
information relevant to all complaints and reports received of torture or ill-treatment,
including information as to whether such complaints led to investigations and, if so, by
which authority, whether the investigation resulted in the imposition of disciplinary
measures and/or prosecutions and whether the victims obtained redress in a manner
that will enable the State party to provide such information to the Committee and
other relevant monitors in the future.
Conditions of detention
21.
The Committee is concerned about poor conditions of detention in multiple places of
deprivation of liberty, including prisons and police stations. While appreciating the
4