CAT/OP/PRT/2
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 (OPCAT), the
Subcommittee on Prevention of Torture (SPT), 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 Mitrovic, 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.
In course of the visit, the Subcommittee conducted visits to police stations,
penitentiary, health, psychiatric and migration detention facilities (Annex I). The
Subcommittee also observed the work of the national preventive mechanism (NPM) during
two visits to places of deprivation of liberty (Annex II). The Subcommittee held meetings
with a range of Portuguese government authorities and officials, the Parliamentarians, the
Ombudsperson, as designated NPM of Portugal, and members of civil society (Annex III).
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Meetings held with members of the national preventive mechanism permitted the
Subcommittee to discuss the mechanism’s mandate and working methods and to explore
ways to strengthen and increase its effectiveness. In order to better understand how the
mechanism works in practice, the Subcommittee also visited, together with the mechanism,
two places of deprivation of liberty. One visit was led by the NPM, with the members of the
Subcommittee as observers. The second visit was conducted jointly with the NPM.
5.
The present report sets out the observations and recommendations of the
Subcommittee addressed to the national preventive mechanism of Portugal. These
recommendations are made in accordance with the Subcommittee’s mandate to offer training
and technical assistance and to advise and assist the mechanism, in accordance with article
11 (b) (ii) and (iii) of the Optional Protocol.
6.
The Subcommittee will send a separate confidential report to the authorities in which
it will make specific recommendations to the State party.
7.
The present report remains confidential unless the mechanism decides to make it
public.
8.
The Subcommittee recommends that the mechanism make the present report
public, and requests that it be notified of the mechanism’s decision in this regard.
9.
The SPT draws the NPM’s attention to the Special Fund established under article 26
of the Optional Protocol. Recommendations contained in those SPT visit reports which have
been made public can form the basis of applications to benefit from that Fund, in accordance
with its published criteria.
10.
The SPT wishes to express its gratitude to the national preventive mechanism of
Portugal for their assistance and cooperation during the visit.
II. National preventive mechanism
11.
Portugal ratified the Optional Protocol on 15 January 2013. On 23 May 2013, the SPT
was notified that by Resolution of the Council of Ministers dated 9 May 2013 the Portuguese
Ombudsperson (Provedor de Justiça) was designated as national preventive mechanism.1
12.
In addition to its function as a national human right institution (NHRI), the
Ombudsperson carries out unannounced visits to places of deprivation of liberty, such as
prison facilities, educational centers, police detention facilities and psychiatric institutions.
According to the Resolution of Council of Ministers, Ombudsperson also has the power to
make recommendations to the relevant authorities and it may submit proposals and
1
http://www.ohchr.org/Documents/HRBodies/OPCAT/NPM/NVPortugal23May2013.pdf
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