1. The National Preventive Mechanism
1.1. Introduction
On March 11th, 1989, the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT)(1) entered into force in the Portuguese legal
system. This legal instrument had the aim to promote the adoption, by the States that
ratified it, of preventive and repressive measures in order to respect the persons deprived
of their liberty rights.(2) In time, further actions were needed in order to achieve the mentioned purpose. It was, so, provided the basis to develop an Optional Protocol to that
Convention (OPCAT)(3), which determines the conducting regular visits to places of
detention to ensure that the persons who are there are being decently treated.
According to the OPCAT, the mentioned visits should be made by international
organizations – such as the Subcommittee on Prevention of Torture (SPT) – and by independent national bodies. As a result, the commencement date of OPCAT in Portugal led
to the designation of a National Preventive Mechanism (NPM) that, by Resolution of
the Council of Ministers No. 32/2013, of May 20th(4), was assigned to the Ombudsman.
1.2. The National Preventive Mechanism
In addition to complaints-handling and his function as National Human Right Institution, the Ombudsman examines, in loco, places of detention in order to verify if persons
deprived of liberty are being treated with dignity. As NPM, this State body carries out, in
an autonomous and regular manner, visits to places of detention, such as prison facilities,
(1) The CAT was adopted by General Assembly of United Nation resolution no.39/46, of December 10th, 1984.
(2) The Portuguese State signed the CAT on February 4th, 1985, and three years later it was approved for ratification
by Parliament Resolution No. 11/88, of May 21st, and, sequently, by the Presidential Decree No. 57/88, July 20th. Its
deposit with Secretary-General of United Nations was made on February 9th, 1989, and the respective notice published
by the Ministry of Foreign Affairs, in the Diário da República [Portuguese Official Gazette] No. 128, 1st serie, of June
5th, 1989.
(3) The Portuguese State signed the OPCAT on February 14th, 2006, and it was approved by Parliament Resolution
No. 143/2012, of December 13th. Its ratification occurred by Presidential Decree No. 167/2012, of December 13th,
and its deposit with Secretary-General of United Nations was made on January 15th, 2013, according to the notice
published by the Ministry of Foreign Affairs, in the Diário da República [Portuguese Official Gazette] No. 57, 1st serie,
of May 21st, 2013.
(4) Published in the Diário da República [Portuguese Official Gazette] No. 96, 1st serie, of May 20th, 2013. It must be
emphasised that this function was assigned to the Ombudsman according what it is established in no. 2 of article 1 of
his Statue (Law No. 9/91, of April 9th, and its amendments).
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