Country

Portugal

Detention issue

Solitary confinement

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. This disciplinary measure may be applied for a maximum of 21 consecutive days. Prisoners can also be subject to the compulsory presence at their cells for a period of 30 consecutive days. The Director General of Prisons recommends that permanence in a disciplinary cell should not exceed 15 days.
General Regulation of Detention FacilitiesDetainees 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 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