Country

Portugal

Detention issue

FRA research findings

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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)The preservation of order and security within prison establishments is subject to the principles of necessity, adequacy and proportionality (Articles 86 and 87). The use of coercive means is admissible when the order and security of the establishment are in danger and cannot be otherwise eliminated. Coercive means may only be used for the time period strictly necessary to achieve their intended purpose, and they may not infringe upon the dignity of the detainee, nor may they be used as a disciplinary measure. Furthermore, the decision to use of coercive means is rests with the Director (or their substitute in their absence), and if weapons are used, an enquiry process is initiated and immediately communicated to the Director-General (Article 96). The use of handcuffs must be preceded, whenever possible, by a warning, and if the need persists after one hour, the medical services must be contacted for evaluation and adoption of the appropriate measures based on the detainee's clinical condition.
General Regulation on Detention Facilities, Code on the Enforcement of Custodial Sentences and MeasuresNot specifically mentioned are special measures to protect detainees against violence from custodial staff.
Code on the Enforcement of Custodial Sentences and MeasuresOrder, security and discipline are to be maintained in accordance with the principles of necessity, adequacy and proportionality. To ensure order and security in the establishment, common means of security such as observation and electronic surveillance are used, along with special means of security such as restriction of socialization with certain detainees/access to common areas and placement in a security room.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2020The NPM's report mentions the existence of a very low ratio of prison guards to inmates per wing, reaching sometimes the ratio of 1 to 100. This reduces the control over the normal functioning of daily prison life and the very knowledge of the detainees by the guards. Therefore, it is not surprising that there may be incidents of violence, drug problems and less attention to the individual situation of each detainee. Report details
2022In several establishments, directorates warned of a shortage of security and surveillance staff, potentially compromising security and order. For example, the NPM found that in the Vale de Judeus Establishment, many detainees intentionally cause placement in a separation cell because they feel at risk in the common area. The NPM considers it worrying that detainees use segregation cells as a form of protection, since this regime implies restrictions. Additionally, the NPM mentioned that the ageing of the security and surveillance staff may be an issue. Report details