A/69/44
Rendition flights
(13) While welcoming the criminal investigation undertaken into the State party’s alleged
involvement in extraordinary renditions in the context of its international cooperation in
countering terrorism, the Committee notes the State party’s clarification in the State report
that the investigation has been closed on the grounds of insufficient evidence, despite
reports on the State party’s alleged cooperation in a rendition and secret detention
programme (arts. 2, 3, 12 and 16).
The Committee encourages the State party to continue its investigations, if further
information comes to light, into allegations of the State party’s involvement in a
rendition programme and of the use of the State party’s airports and airspace by
flights involved in “extraordinary rendition”, and bring to light the facts surrounding
these allegations. The Committee reminds the State party that the transfer and
refoulement of persons, when there are substantial grounds for believing that these
persons would be at risk of being subjected to torture, is in itself a violation of article 3
of the Convention.
Reception conditions of asylum seekers
(14) The Committee notes that the number of asylum applications has increased in recent
years, from 140 applications in 2009 to 369 applications received to date in 2013. It also
notes that the Refugee Reception Centre, designed to accommodate asylum seekers in the
admissibility phase, during which there is no entitlement to work, suffers from
overcrowding (arts. 3, 11 and 16).
The State party should ensure the timely processing of refugee claims, both in the
special procedure at the border as well as in the regular procedure, in order to reduce
the waiting time of asylum seekers in reception centres. The State party should also
take action to increase the accommodation capacity of the reception centres, in order
to alleviate the current overcrowding, and ensure that adequate medical care, as well
as adequate supplies of, inter alia, food, water and personal hygiene items, are always
provided.
Electrical discharge weapons
(15) The Committee recalls its previous recommendation (CAT/C/PRT/CO/4, para. 14)
and expresses its deep concern at instances where electrical discharge weapons (“Taser
X26”) were disproportionally used by police and prison officials, for example, in 2010 by
the Prison Security Intervention Group at Paços de Ferreira prison (arts. 2 and 16).
The State party should ensure that electrical discharge weapons are used exclusively
in extreme and limited situations where there is a real and immediate threat to life or
risk of serious injury, as a substitute for lethal weapons, and by trained law
enforcement personnel only. The Committee is of the view that electrical discharge
weapons should not be part of the equipment of custodial staff in prisons or any other
place of deprivation of liberty. The Committee urges the State party to strictly
monitor and supervise their use.
Redress, including compensation and rehabilitation
(16) While welcoming the adoption of Act No. 104/2009 (para. 5 (e) above) and the
establishment of the Commission for the Protection of Crime Victims (CPVC), which
grants compensation to and provides social support and rehabilitation for victims of violent
crimes and of domestic violence in advance of the outcome of criminal proceedings, the
Committee regrets the lack of information on compensation awarded by the CPVC or the
courts of the State party to the victims of torture or ill-treatment (art. 14).
GE.14-12596
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