CAT/C/PRT/CO/7
6.
The Committee commends the State party’s initiatives to amend its policies and
procedures in order to afford greater protection for human rights and to apply the
Convention, in particular:
(a)
The adoption of the National Strategy for Equality and Non-Discrimination,
in 2018, which includes an action plan (2018–2021) to prevent and combat violence against
women and domestic violence;
(b)
The adoption of the third and fourth National Plan to Prevent and Combat
Trafficking in Human Beings for the periods 2014–2017 and 2018–2021, respectively;
(c)
The adoption of a strategy for the restructuring and rehabilitation of the
network of penitentiary establishments for 2017–2027;
(d)
The launch of the third Programme of Action for the Prevention and
Elimination of Female Genital Mutilation (2014–2017).
7.
The Committee appreciates that the State party maintains a standing invitation to the
special procedure mechanisms of the Human Rights Council, which has allowed
independent experts to carry out visits to the country during the reporting period.
C.
Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
8.
In its previous concluding observations (CAT/C/PRT/CO/5-6, para. 24), the
Committee requested the State party to provide follow-up information on the steps it had
taken to implement the Committee’s recommendations relating to fundamental legal
safeguards (para. 8 (b) and (c)); prompt, effective and impartial investigations (para. 9 (a)
and (c)); domestic violence (para. 17); and ill-treatment of Roma and other minorities (para.
18). While noting with appreciation the replies submitted by the State party on 4 December
2014 and 27 January 2017 under the follow-up procedure (CAT/C/PRT/CO/5-6/Add.2 and
Add.3) and referring to the letter dated 29 August 2019 from the Committee’s Rapporteur
for follow-up to concluding observations addressed to the Permanent Representative of
Portugal to the United Nations at Geneva, the Committee finds that the recommendations
contained in paragraphs 8 (b) and (c) and 9 (a) and (c) of its previous concluding
observations have not been implemented (see paras. 13 and 19 below) and that the
recommendations contained in paragraphs 17 and 18 of the previous concluding
observations have been partially implemented (see paras. 17 and 41 below).
Definition and criminalization of torture
9.
While noting the delegation’s assertion that discrimination may constitute an
aggravating circumstance under the State party’s criminal legislation, the Committee
remains concerned that article 243 of the Criminal Code, which defines torture, still does
not mention discrimination of any kind among the purposes for inflicting torture, as
outlined in article 1 of the Convention (arts. 1 and 4).
10.
The Committee reiterates the recommendation contained in its previous
concluding observations (CAT/C/PRT/CO/5-6, para. 7), and recommends that the
State party bring the content of article 243 of the Criminal Code into conformity with
article 1 of the Convention by explicitly identifying discrimination of any kind among
the purposes for inflicting torture. In this regard, the Committee draws the State
party’s attention to the working definition of ill-treatment adopted by the
Inspectorate General of Home Affairs and the Committee’s general comment No. 2
(2007) on the implementation of article 2, in which it is stated that serious
discrepancies between the Convention’s definition and that incorporated into
domestic law create actual or potential loopholes for impunity.
Statute of limitations
11.
The Committee is concerned that the crime of torture is subject to a statute of
limitations of 10 years, and that the limitation period for aggravated torture is 15 years.
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