CAT/OP/PRT/1
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, the
Subcommittee on Prevention of Torture 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 Mitrović 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.
During the visit, the Subcommittee conducted visits to police stations and
penitentiary, health, psychiatric and migration detention facilities (annex I). The
Subcommittee also observed the work of the national preventive mechanism in places of
deprivation of liberty (annex II). The Subcommittee held meetings with representatives of
numerous Portuguese government authorities, officials, parliamentarians, the
ombudsperson, as the designated national preventive mechanism of Portugal, and members
of civil society (annex III).
4.
At the end of the visit, the delegation presented its confidential preliminary
observations orally to government authorities and officials.
5.
The present report sets out the Subcommittee’s findings and recommendations
relevant to the prevention of torture and ill-treatment1 of persons deprived of their liberty in
Portugal. The Subcommittee will send a separate confidential report to the national
preventive mechanism in which it will make specific recommendations to the mechanism.
6.
The Subcommittee recommends that the State party distribute the present
report to all relevant government authorities, departments and institutions, including
but not limited to those to which it refers.
7.
The present report will remain confidential until such time as Portugal decides to
make it public in accordance with article 16 (2) of the Optional Protocol.
8.
The Subcommittee recommends that the authorities of Portugal request the
publication of the present report in accordance with article 16 (2) of the Optional
Protocol.
9.
The Subcommittee draws the State party’s attention to the Special Fund established
under article 26 of the Optional Protocol to the Convention. Recommendations contained in
those Subcommittee visit reports that have been made public can form the basis of
applications to benefit from that Fund, in accordance with its published criteria.
10.
The Subcommittee wishes to express its gratitude to the authorities for their help and
assistance relating to the planning and undertaking of the visit.
II. Implementation of the Optional Protocol: the national
preventive mechanism
11.
Portugal ratified the Optional Protocol to the Convention against Torture on 15
January 2013. On 23 May 2013, the Subcommittee was notified that the Provedor de
Justiça (ombudsperson) had been designated as the national preventive mechanism by
resolution of the Council of Ministers dated 9 May 2013.2
12.
In addition to serving as the national human rights institution, the ombudsperson
therefore carries out unannounced visits to places of deprivation of liberty, such as prison
1
2
The generic term “ill-treatment” is used in this report to refer to any form of cruel, inhuman or
degrading treatment or punishment.
See www.ohchr.org/Documents/HRBodies/OPCAT/NPM/NVPortugal23May2013.pdf.
3