Country

Portugal

Detention issue

Sanitary conditions

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)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.
Decree-Law 51/2011, that approves the General Regulation on Detention Facilities (Decreto-Lei n.º 51/2011, que aprova o Regulamento Geral dos Estabelecimentos Prisionais)Detainees may be placed in solitary confinement or subject to the compulsory stay in his/her accommodation. As stated by the General Regulation of Detention Facilities for overall accommodation, the solitary confinement cell shall meet the indispensable conditions of habitability in terms of dimensions, ventilation and natural light as well as artificial light. Additionally, the solitary confinement cell shall be provided with a bed fixed to the floor, a fixed table and a chair made of flexible and unbreakable material, as well as sanitary facilities made of unbreakable materials. Furthermore, the solitary confinement cell shall be provided with a security wall with a vertical railing, which prevents the direct access to the cell door and allows handcuffing and delivery of meals without opening the cell. The cell, its equipment and sanitary facilities must not have any fixation points that may allow the detainee to endanger his/her life or physical integrity.

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