Visit no. 2-2014
Date: 2014.09.17
Location: National Republican Guard Territorial Post of Pinhal Novo, Setúbal
Subject: Rights of detainees to consult with an attorney, contact by telephone with
the defender and to communicate with family or trusted person
On September 17th a visit was conducted to Republican National Guard Territorial
Post of Pinhal Novo.
It was verified the respect of the rights of detainees to consult with an attorney, to
contact the defender by telephone and to communicate with family or trusted person.
Whenever the detention of a citizen occurs, he/she is provided with information
regarding the rights he/she is entitled to, through a notification term that repeats the
regulatory phrasing. The provided information is read and explained to the detainee.
These rights are also displayed in posters in several locations of the territorial post,
including the entrance hall (next to the Attendance Service) and the detention room.
This information is available in four languages (Portuguese, English, French and
Spanish). There are no other documents explaining rights and duties of the detainee, such
as leaflets or brochures.
If the detainee is a foreign citizen, there is the possibility to request a translator.
The arrested person is given the opportunity to contact a lawyer, a relative or person of
trust, providing him/her the use of the unit telephone.
There aren’t any obstacles to the lawyer’s visit, a room being available for this
purpose, where the privacy of the conversation held between the lawyer and the detainee is
ensured, notwithstanding surveillance at sight. The relatives’ visits are normally restricted
for safety reasons.
Whenever the detainee reports having someone’s custody (especially if it is a child,
senior or person with disabilities), the police officers activate the necessary means to
ensure the appropriate response. Moreover, if possible, the detainee is provided with assistance in solving his/her urgent personal problems.
In this context (having custody of someone or urgent problems to solve) it is understood that the intervention of the police officers only occurs when the detainee reports
such circumstances. It was verified that there is no initiative of the police entity to unveil
such situations.
In short, the reality found in the Republican National Guard Territorial Post of Pinhal
Novo left a positive impression, though being worth mentioning some kind of lethargy
of the police officers on the need to determine on their own initiative if detainees have
custody of children, seniors or people with disabilities who may need urgent help.
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