CAT/OP/PRT/1/add.1
B.
Complaints mechanisms
11. The SPT recommends having the information on monitoring and investigation
mechanisms and the relevant complaint procedures readily available to the detained
and arrested persons, including through exposing it in visible spots in police stations
and prisons.
12.
Regarding this recommendation, we would like to transmit that the Office of Audit
and Inspection (SAI in the Portuguese acronym) of the Directorate General for Rehabilitation
and Prison Services (DGRSP in the Portuguese acronym) has already submitted a proposal
for the implementation of a new system of complaints to the DGRSP management. Following
some suggestions for further simplification, the final version is currently being finalized and
a copy of the new system of complaints will be sent in due course.
13.
The Subcommittee reiterates its recommendation that the State party put in
place effective mechanisms which will allow detainees to submit complaints concerning
ill-treatment confidentially and directly, and without any form of internal (or external)
scrutiny or censorship, to independent, impartial and effective bodies with the power to
investigate and trigger appropriate protective and remedial action. The Subcommittee
further recommends that the State party ensure that those submitting such complaints
are not subjected to any form of reprisal or sanctions, including physical, disciplinary
or administrative sanctions.
14.
It should be stressed that the activity of the DGRSP is under constant scrutiny, since
prisons may, and have been, regularly visited by holders of sovereignty organs (mainly
magistrates, members of the Government and members of the Parliament), by the
Ombudsperson (also in the quality of National Preventive Mechanism under the OPCAT)
and by representatives of international organizations with responsibilities in matters relating
to the promotion and protection of the rights of prisoners (Article 66 (1) (a)(c) of the Code
of Execution of Sentences and Custodial Security Measures, CEPMPL in the Portuguese
acronym, approved by Act No. 115/2009 of 12th October).
15.
Additionally, it should also be noted that prisoners have the right to write and receive
letters, without any control, to lawyers, notaries, solicitors, diplomatic and consular entities,
organs of sovereignty, Ombudsperson, Justice Services General Inspectorate and President
of the Bar Association (Articles 67 and 68 of the CEPMPL).
16.
Inmates may also call, freely and free of charge, to a set of telephone numbers, such
as Linha Sida (HIV/Aids Hotline), Abraço (Association for the support of people infected by
HIV/Aids), SOS Voz Amiga (hotline of emotional support to all those who are in situations
of suffering caused by loneliness, anxiety, depression or risk of suicide), the Commission for
Citizenship and Gender Equality, Ombudsperson's Office (Child Line and General Line, SOS
Emigrant, Elderly Person’s Line, Life Line and Citizen with Disabilities Line).
17.
Finally, the SAI, which is coordinated by a judge and two public prosecutors, develops
its inspective and disciplinary activity on the basis of complaints made by prisoners and/or
their families, as well as by news published by the media or even on its own initiative. Any
allegation of ill-treatment always gives rise to the opening of an investigation and, if the facts
constitute a crime of a public nature, this circumstance is transmitted to the Public
Prosecutor's Office in order to initiate criminal proceedings.
18.
As to possible cases of ill-treatment, and because collecting evidence is essential, it
should be referred the entry into force of Circular No. 1/2017, which established the
procedures to be observed when conducting a medical examination upon admission of
inmates, when they show physical injuries, when control and restraint means are used or
when they complain about alleged physical abuse.
19.
On the other hand, and in relation to individuals who are brought to prison by police
forces, it is also important to recall joint Order No. 11838/2016 of the Ministers of Internal
Affairs and Justice, which lays down that the communications provided for in Article 11(2)
of the Prison Establishments’ General Regulation approved by Decree-Law No. 51/2011, of
11 April, (henceforth General Regulation) are to be made to the Internal Affairs General
Inspectorate (if they are brought by the Polícia de Segurança Pública [PSP] or Guarda
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