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)A disciplinary measure called ‘disciplinary cell’ can be applied to prisoners. This means that a prisoner is separated from the rest of the inmates. The successive execution of a disciplinary measure of internment in a disciplinary cell may not exceed 30 days and in case the execution of the measure has to be interrupted, it shall be resumed after 8 days. If the sum of the disciplinary measures applied exceeds 60 days, the placement in solitary confinement or compulsory stay in the accommodation may not exceed this duration. Detainees may challenge before the Penalty Enforcement Court the decisions of application of the disciplinary measures of compulsory stay in his/her accommodation and of confinement in a disciplinary cell.
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)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. Detainees in solitary confinement receive clinical surveillance, with a qualified nurse visiting daily and a physician observing as deemed necessary.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2020The NPM's considers the existence of horizontal bars in disciplinary cells as the main negative point, as they present a greater risk of self-harm. Report details
2022On the case of the Vale de Judeus Establishment, where the period of stay in the security cell exceeded the limit of 30 days, and in one case extended for more than seven months. Report details