Country

Portugal

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
General Regulation of Detention Facilities (Decreto-Lei n.º 51/2011, que aprova o Regulamento Geral dos Estabelecimentos Prisionais)Disciplinary cells should meet the fundamental habitability conditions, namely in what regards dimensions. There are no further details.
Code of Enforcement of Prison Sentences and Imprisonment Measures (Lei 115/2009 que aprova o Código da Execução das Penas e Medidas Privativas da LiberdadeAccommodation spaces should fully respect the prisoners’ human dignity and should comply with safety and habitability requirements, particularly regarding security and habitability, namely as concerns hygiene, natural and artificial light, climatic conditions, ventilation, cubic capacity, and furniture. There are no further details about cell space in square meters.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2019The Portuguese prison system is quite heterogeneous and in need of restructuring in order to avoid situations of overcrowding and inhuman and degrading detention. Report details
2022The NPM identified prevailing issues, namely overcrowding and unsuitable accommodation conditions (“In general terms, the most sensitive issues remain, which the NPM has pointed out every year, such as (i) the outdated nature of a large part of the buildings, their diversity and asymmetry, (ii) the frequent situations of overcrowding and overfilling of accommodation and (iii) the lack of human and material resources, which affect the conditions of life in detention in various ways. Report details