A/69/44
(e)
Ensure that injuries observed during the medical screening of prisoners
upon admission or thereafter by medical staff are fully recorded, including
information on the consistency between the allegations made and the injuries
observed. Whenever injuries are indicative of ill-treatment, a report should be
promptly sent by the medical staff to the supervisory judge, the prosecutor and the
prison inspection services.
Complaints mechanisms
(10) The Committee notes the different internal and external inspection services of the
police and prison administration competent to receive complaints and carry out disciplinary
investigations on ill-treatment and the lack of clarity this may create when lodging a
complaint. As regards criminal complaints, the Committee is also concerned by instances in
which the police have refused to provide proof of the registered complaint to the person
submitting it (arts. 12, 13 and 16).
The State party should establish a central mechanism to receive complaints of torture
or ill-treatment, and should ensure that such a mechanism is accessible to all places of
detention, especially prisons. Individuals alleging ill-treatment should be able to know
exactly to whom they should address their complaint and should be duly informed of
the action taken on their complaint. The State party should also ensure that the
complainant is protected against all ill-treatment or intimidation that may arise as a
consequence of his complaint. A centralized register of complaints of torture and illtreatment should be kept that includes information on the corresponding
investigations, trials and criminal or disciplinary penalties imposed. The existing
inspection bodies, including the supervisory judge and the Ombudsman, should be
provided with the resources necessary to strengthen their monitoring functions,
including in forensic psychiatric hospitals.
Conditions of detention
(11) While acknowledging the State party’s efforts to increase the capacity of penal
institutions, the Committee remains concerned at the current overpopulation of 115 per
cent. The Committee takes into account, in this regard, that about 20 per cent of the prison
population is in pretrial detention, and regrets the lack of information on the average
pretrial detention time. The Committee regrets, furthermore, that prison facilities, such as
the psychiatric hospital at Santa Cruz do Bispo Prison or the Lisbon Central Prison,
continue to operate in deplorable conditions. The Committee also notes with concern that
the placement of prisoners in high security units is, in practice, routinely prolonged without
informing the prisoners of the reasons for an extension. The Committee expresses its
concern at the high rates of deaths in custody, especially suicide, among inmates, the
insufficient capacity of in-patient psychiatric wards to accommodate prisoners with serious
mental illnesses, and the lack of staff and rehabilitative activities in forensic psychiatric
hospitals, as well as the use of restraints (arts. 2, 11 and 16).
The State party should intensify its efforts to bring the conditions of detention in
places of deprivation of liberty into line with the Standard Minimum Rules for the
Treatment of Prisoners, in particular by:
(a)
Stepping up its efforts to reduce overcrowding, particularly through the
wider application of non-custodial measures as an alternative to imprisonment, in the
light of the United Nations Standard Minimum Rules for Non-custodial Measures (the
Tokyo Rules);
(b)
Avoiding long periods of pretrial detention and ensuring that pretrial
detainees receive a fair trial without undue delay;
GE.14-12596
75
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