A/69/44
(c)
Continuing its efforts to improve and expand prison facilities in order to
remodel those facilities that do not meet international standards, in particular Lisbon
Central Prison and the psychiatric hospital at Santa Cruz do Bispo Prison;
(d)
Ensuring: (i) that all cases of death and suicide in custody are effectively
investigated; (ii) that the Directorate-General for Prisons enhances monitoring and
detection of at-risk detainees and takes preventive measures regarding the risk of
suicide and inter-prisoner violence, including by increasing prison staff and installing
video cameras; and (iii) that research continues to be undertaken on the impact of the
current programmes to prevent suicide and drug use, with a view to increasing their
efficiency;
(e)
Ensuring that the decisions on the placement of prisoners in security
units, and the extension thereof, are reasoned and communicated to those affected,
and that they are subject to appeal;
(f)
Increasing the capacity of in-patient psychiatric wards and providing
full access to mental health-care services within all prison facilities; and
(g)
Increasing the medical staff and rehabilitation activities in all forensic
psychiatric hospitals and preventing the use of restraints as much as possible or
applying them as a measure of last resort when all other alternatives for control have
failed, and never as a punishment, for the shortest possible time, under strict medical
supervision and after being duly recorded.
Solitary confinement
(12) While acknowledging the overall positive impact of Act No. 115/2009 and DecreeLaw No. 51/2011 (para. 5 (d) above) on the prison system, the Committee remains
concerned by article 105 of the Act, which allows solitary confinement to be imposed as a
disciplinary punishment for up to 30 days, even to juveniles between the ages of 16 and 18
in conflict with the law. The Committee also notes with concern that provisional isolation
of up to 30 days may be imposed on a prisoner pending the imposition of solitary
confinement, which amounts de facto to an extended informal punishment of the prisoner
(arts. 2, 11 and 16).
The Committee urges the State party to:
(a)
Revise its legislation in order to ensure that solitary confinement remains
a measure of last resort, imposed for as short a time as possible, under strict
supervision and judicial review. The State party should establish clear and specific
criteria for decisions on isolation. The practice of renewing and, as such, prolonging
disciplinary sanctions of solitary confinement should be strictly prohibited;
(b)
Ensure that solitary confinement is never applied to juveniles in conflict
with the law or to persons with psychosocial disabilities;
(c)
Reduce the maximum duration of provisional isolation and deduct the
time spent therein from the maximum period of solitary confinement;
(d)
Ensure that the detainee’s physical and mental condition is regularly
monitored by qualified medical personnel throughout the period of solitary
confinement; and
(e)
Increase the level of meaningful social contact for detainees while in
solitary confinement.
76
GE.14-12596
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