Country

Portugal

Detention issue

FRA research findings

View details

Legal instruments & key provisions

Legal instrument Key provision
Code of Enforcement of Prison Sentences and Imprisonment Measures (Lei 115/2009 que aprova o Código da Execução das Penas e Medidas Privativas da Liberdade)Prisoners should be provided with access to sanitary facilities in conditions of privacy and hygiene.
General Regulation of Detention Facilities (Decreto-Lei n.º 51/2011, que aprova o Regulamento Geral dos Estabelecimentos Prisionais)Cells are provided with wash basin and toilet. Prisoners in common regime are accommodated in individual cells which can be an indicator of privacy. Access to a daily warm shower/bath should be provided. The number of bath amenities and the time-allocation to each prisoner is defined by the General Director of each prison establishment.
Code on the Enforcement of Custodial Sentences and Measures (Lei n.º 115/2009, que aprova o Código da Execução das Penas e Medidas Privativas da Liberdade),Besides those necessary for their personal hygiene, detainees shall be provided with the articles and utensils necessary to maintain the hygiene of their accommodation.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2020The NPM`s report mentions several violations of detainees` privacy in different establishments, including cells without any separation (visual, auditory or olfactory) between the toilets, beds and showers. Report details
2021The aforementioned problem of lack of privacy is also evident in some common spaces, such as the case of the shower rooms at the Aveiro and Faro Establishments, where the showers had no separation between them. Report details