CAT/C/PRT/CO/4
page 2
(b) Act No. 59/2007 of 4 September 2007 approving the new Penal Code and
Act No. 48/2007 of 29 August 2007 approving the new Code of Criminal Procedure;
(c) Act No. 63/2007 of 6 November 2007 approving the restructuring of the National
Republican Guard (GNR), as announced by the State party’s delegation.
5.
The Committee also welcomes the following measures:
(a)
The creation in 2000 of the Inspectorate-General for Justice Services;
(b) The establishment of the Police Code of Ethics approved by Resolution No. 37/2002
of the Council of Ministers on 28 February 2002; and
(c) The dissemination of the provisions of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (“the Convention”) through the
translation of the United Nations Fact Sheets into Portuguese.
C. Subjects of concern and recommendations
Definition of torture
6.
While taking note of the explanations given by the State party delegation that
discrimination is illegal under article 240 of the new Penal Code, the Committee is nonetheless
concerned that the definition of torture contained in article 243 of the Penal Code does not
include discrimination among the motives for acts of torture and, consequently, does not appear
to cover every possible motive for torture as defined under article 1 of the Convention.
The State party should consider making the necessary amendments to article 243 of
the Penal Code to include discrimination as a possible motive for acts of torture as
defined under article 1 of the Convention.
Arrest for identification purposes
7.
While noting that, according to the Portuguese delegation, arrests for identification
purposes are exceptional, the Committee regrets such a procedure exists, since it could lead to
group arrests being made under certain circumstances. The Committee is concerned that time
spent in custody for identification purposes (6 hours maximum) is not deducted from the total
period of custody which may follow (48 hours). The Committee is also concerned that
Portuguese legislation contains no provision explicitly requiring the Public Prosecutor’s Office
to order a forensic report in all cases where it has knowledge of the ill-treatment of a person held
in custody (art. 2).
The State party should take adequate measures to:
(a) Ensure that all arrests, including arrests for identification purposes, are
not targeted at groups of persons but that arrests are made on an individual basis;