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. 2

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