CAT/OP/PRT/2 I. Introduction 1. In accordance with its mandate under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), the Subcommittee on Prevention of Torture (SPT), carried out its first regular visit to Portugal from 1 to 10 May 2018. 2. The Subcommittee members conducting the visit were: Nora Sveaass (Head of Delegation), Satyabhooshun Gupt Domah, Roberto Michel Fehér Pérez, Kosta Mitrovic, and Margarete Osterfeld. The Subcommittee was assisted by three Human Rights Officers from the Office of the United Nations High Commissioner for Human Rights (OHCHR), two United Nations security officers and four interpreters. 3. In course of the visit, the Subcommittee conducted visits to police stations, penitentiary, health, psychiatric and migration detention facilities (Annex I). The Subcommittee also observed the work of the national preventive mechanism (NPM) during two visits to places of deprivation of liberty (Annex II). The Subcommittee held meetings with a range of Portuguese government authorities and officials, the Parliamentarians, the Ombudsperson, as designated NPM of Portugal, and members of civil society (Annex III). 4 Meetings held with members of the national preventive mechanism permitted the Subcommittee to discuss the mechanism’s mandate and working methods and to explore ways to strengthen and increase its effectiveness. In order to better understand how the mechanism works in practice, the Subcommittee also visited, together with the mechanism, two places of deprivation of liberty. One visit was led by the NPM, with the members of the Subcommittee as observers. The second visit was conducted jointly with the NPM. 5. The present report sets out the observations and recommendations of the Subcommittee addressed to the national preventive mechanism of Portugal. These recommendations are made in accordance with the Subcommittee’s mandate to offer training and technical assistance and to advise and assist the mechanism, in accordance with article 11 (b) (ii) and (iii) of the Optional Protocol. 6. The Subcommittee will send a separate confidential report to the authorities in which it will make specific recommendations to the State party. 7. The present report remains confidential unless the mechanism decides to make it public. 8. The Subcommittee recommends that the mechanism make the present report public, and requests that it be notified of the mechanism’s decision in this regard. 9. The SPT draws the NPM’s attention to the Special Fund established under article 26 of the Optional Protocol. Recommendations contained in those SPT visit reports which have been made public can form the basis of applications to benefit from that Fund, in accordance with its published criteria. 10. The SPT wishes to express its gratitude to the national preventive mechanism of Portugal for their assistance and cooperation during the visit. II. National preventive mechanism 11. Portugal ratified the Optional Protocol on 15 January 2013. On 23 May 2013, the SPT was notified that by Resolution of the Council of Ministers dated 9 May 2013 the Portuguese Ombudsperson (Provedor de Justiça) was designated as national preventive mechanism.1 12. In addition to its function as a national human right institution (NHRI), the Ombudsperson carries out unannounced visits to places of deprivation of liberty, such as prison facilities, educational centers, police detention facilities and psychiatric institutions. According to the Resolution of Council of Ministers, Ombudsperson also has the power to make recommendations to the relevant authorities and it may submit proposals and 1 http://www.ohchr.org/Documents/HRBodies/OPCAT/NPM/NVPortugal23May2013.pdf 3

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