CAT/C/PRT/CO/4
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Prison conditions
11. The Committee welcomes the reform of prison legislation reported by the Portuguese
delegation which is designed to bring the law on the enforcement of sentences into conformity
with the European Prison Rules. It also notes the substantial improvement in prison occupancy
rates and the efforts made in the area of health care. The Committee remains concerned,
however, about reports of continuing violence among inmates, including sexual violence, and
about the persistently high number of deaths in detention, largely attributable to HIV/AIDS and
suicide. The Committee is also troubled by reports of torture and cruel, inhuman or degrading
treatment in penitentiary establishments, for instance the case of Mr. Albino Libânio, who
allegedly suffered multiple injuries from a beating in 2003 (arts. 11 and 16).
The State party should continue its efforts to improve prison conditions, in particular
by maintaining an appropriate prison occupancy rate. It should also step up
measures aimed at preventing violence among inmates, including sexual violence, and
suicide by prisoners.
The State party should, furthermore, take the necessary steps to ensure that the
physical and psychological integrity of prisoners is respected under all circumstances.
Prompt and impartial investigations and redress
12. The Committee is concerned that article 4 of Act No. 21/2000 of 10 August 2000 does not
include torture among the 30 crimes listed in the Act for which the judicial police is solely
responsible, since this could impede the initiation of prompt and impartial investigations of
alleged cases of torture in the territory of the State party (arts. 12 and 14).
The State party should take appropriate steps to include torture in the list of crimes
for which the judicial police is solely responsible and ensure that a prompt and
impartial investigation is initiated in all cases where there are grounds for believing
that an act of torture has been committed in any territory under its jurisdiction.
It should also ensure that the alleged perpetrators of such acts are brought to justice
and, if found guilty, given appropriate sentences and that the victims obtain adequate
redress, including the means for their physical and psychological rehabilitation.
13. The Committee takes note of the restructuring of the various police forces, including the
Public Security Police (PSP) and the National Republican Guard (GNR), and the report that the
use of firearms by the GNR during vehicle pursuits has been prohibited since 2005 “except in
cases expressly provided for by law” (CAT/C/67/Add.6, para. 117). It is nonetheless concerned
by reports of excessive use of force by the police allegedly involving gunshot injuries, threats at
gunpoint, abuse of power and, in one case, death (arts. 11, 12 and 14).
The State party should continue its efforts to raise awareness among the police forces
with respect to compliance with the provisions of the Convention by means of ongoing
and targeted training. Furthermore, it should ensure that any complaints made
against the police forces for acts of torture or cruel, inhuman or degrading treatment
are immediately investigated, that the alleged perpetrators are prosecuted and that
the victims are given appropriate compensation.