Country

Portugal

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
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)Common inspection of establishments is carried out annually by the Audit and Inspection Service, without prejudice to extraordinary inspections that may be necessary depending on events. without prejudice to any extraordinary inspections that may prove necessary in the light of events. The Audit and Inspection, coordinated by a judge and two magistrates from the Public Prosecutor's Office, has been conducting its inspection and disciplinary activities, which can be initiated based on complaints lodged by detainees and/or their families, media reports, or on its own initiative. In this area, any allegation of mistreatment always leads to the opening of an enquiry procedure, and if the facts constitute a crime of a public nature, the Public Prosecutor's Office is informed, and criminal proceedings are initiated.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2022Several establishments where legal processes were delayed and did not comply with all the formalities provided for by law. The mechanism attributes this situation to the lack of specialized training and, in some cases, to the absence of legal experts in the establishments. Report details