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Portugal

Capital city — Lisbon

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Panorama

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Detainees are able to file complaints against the prison administration. The rule contains several provisions:

  • Complaints, petitions, and disputes may be made individually or collectively.

  • Secure boxes placed in all establishments allow for complaints to be filed.

  • Detainees can file a written complaint by post to the attention of the courts or any other national or European authority.

  • Detainees can file complaints with the prison administration, the head supervisor, or the judge.

  • Detainees can file complaints with the complaints registry, which is compulsory in all State institutions (article 177 of the code). 1

  1. European Prison Observatory, “Prison conditions in Portugal” 2013, p. 38. ↩

  • In 2023, the Portuguese prison service introduced a new complaints procedure for prisoners. It involved the installation of “complaints boxes” in the different units of each prison. This measure represents a confidentiality issue, as the complaint forms must be requested from prison staff, and the boxes were often emptied by officers. For the time being, the procedure’s effectiveness remains difficult to assess.

    i
    13/12/2023
    / Comité européen pour la prévention de la torture (CPT)

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On 15 September, the European Court of Human Rights (ECtHR) condemned Portugal for violating Article 3 of the European Convention on Human Rights. The Portuguese government must pay 26,000 euros to two former prisoners. They had spoken out against degrading prison conditions: overcrowding, inadequate temperatures, dangerous and defective electrical installations, poorly maintained cells, lack of ventilation and lack of privacy in sanitary facilities, poor quality of bedding and food provided, insufficient outdoor exercise, inadequate nutrition, lack of medical care.

  • Following its periodic visit of Portuguese prisons, carried out from 23 May to 3 June 2022, the CPT expressed its concern regarding the failure of the Portuguese authorities to apply the previous recommendations, in particular those relating to combatting ill-treatment. Credible allegations of physical ill-treatment of prisoners by prison guards were made. They were corroborated by medical reports from prison healthcare professionals.

    i
    13/12/2023
    / Comité européen pour la prévention de la torture (CPT)

Body search procedures follow specific guidelines established by article 152 of the Regulations. Different types of body searches occur: pat-down and naked strip search.

  • Following its periodic visit of Portuguese prisons, carried out from 23 May to 3 June 2022, the CPT published a report addressed to the Portuguese government. The delegation was troubled by the accounts gathered from prisoners on the subject of frequent strip searches carried out in degrading conditions. The prisoners were sometimes required to remove all of their clothing at once and were nearly systematically forced to squat, sometimes several times, during the search.

    i
    13/12/2023
    / Comité européen pour la prévention de la torture (CPT)

The country has been condemned by an international court for its prison overcrowding

no

The European Court of Human Rights condemned the country, in 2020, because of the conditions of detention observed in the prison of Porto. The Badulescu judgment specifies the reasons for the condemnation: “prison overcrowding, lack of hygiene and heating as well as the insalubrity of the premises “. The complainant, imprisoned in Porto, had less than three square metres of personal space. He was allegedly “subjected to an ordeal of an intensity that exceeds the inevitable level of suffering inherent in detention “ in view of the length of time he was incarcerated. In the past years, some individuals have complained on the basis of Article 3 of the European Convention of Human Rights (prohibition of torture), about the material conditions of their detention 1. These complaints have been addressed and the Portuguese government has paid compensation to the individuals (between 4,500 and 14,000 euros).

  1. See, for example, Bokor vs. Portugal, Dragan vs. Portugal, Butuc vs. Portugal, Dumitru vs. Portugal and Patenaude vs. Portugal. ↩

  • The European Court of Human Rights has once again condemned Portugal for its “inadequate” prison conditions (Cunha Casca v. Portugal, 06/07/2023). The Court’s decision is based on Articles 3 and 13 of the European Convention on Human Rights, which pertain to the prohibition of torture and inhuman or degrading treatment, and the right to an effective remedy before national courts, respectively. It mentions issues such as prison overcrowding, poor quality of food, lack of or insufficient quantity of food, inadequate temperatures, lack of fresh air, and a lack of privacy.

    i
    06/07/2023
    / Cour européenne des droits de l’homme (CEDH)

Infectious diseases are most prevalent in Portuguese prisons. As of December 2017, 2,017 prisoners were affected by HIV or hepatitis (B and C). Hepatitis C affects 58.3% of this group 1.

  1. Directorate General for reintegration and penal services, “Report on activities and self-assessment, 2017“, 2018, p. 74. ↩

  • In 2020, the country’s prison population faced significant rates of HIV (3.9%), hepatitis C (8.5%), and hepatitis B (1.6%).

    i
    15/02/2023
    / Organisation mondiale de la santé

Free screening tests are offered periodically to prisoners (article 61 of the Regulations).

  • The World Health Organisation’s report states that condoms are distributed in all Portuguese prisons, but none of these facilities distribute syringes.

    i
    15/02/2023
    / Organisation mondiale de la santé

Preventative measures for epidemics and contagious diseases are implemented. The warden may, on the advice of the medical service, remove a contagious person.
Each prison develops and submits a plan for health promotion and disease prevention to the Directorate General. This plan focuses particularly reducing risk behaviour.
A doctor (or other qualified person) carries out regular inspections of prisons. Recommendations are submitted to the warden. These recommendations concern the food that is distributed, hygiene and cleanliness of the facility, sanitation, heating and ventilation. If the warden of the institution ignores the recommendations, the physician may refer the matter to the Directorate General (DGRSP) (article 37 of the Code for the enforcement of punishment).

  • The World Health Organisation’s report details that:

    • 11 prisoners, accounting for 14.5% of those diagnosed with tuberculosis in 2020, completed treatment.
    • 386 prisoners, representing 87.3% of the prison population diagnosed with HIV, are receiving treatment.
    • 81 prisoners, which is 8.5% of those diagnosed with hepatitis C, are being treated.
    i
    15/02/2023
    / Organisation mondiale de la santé

Number of medical staff (FTE)

249

i
01/01/2021
/ Council of Europe, SPACE I – 2021 Report, p. 90.

  • On 15 February 2023, the World Health Organisation published a report on the healthcare services in European prisons, drawing on data provided by the ministries overseeing prison health. According to the report, as of 2021, Portugal had only 33 doctors for its 49 prisons, a ratio of 2.9 doctors per 1,000 prisoners, which is lower than the 5.3 per 1,000 in the general population. The report also highlights that in 2021, the national prison system employed 318 nurses, amounting to 27.9 nurses per 1,000 prisoners, significantly higher than the 7.1 per 1,000 in the general population. Moreover, in 2019, there were 19 psychiatrists working in the prison system, or 1.7 psychiatrists per 1,000 prisoners, compared to just 0.1 per 1,000 in the general population.

    i
    15/02/2023
    / CNN Portugal

The arrangements for allowing detainees to meet with their lawyers are not satisfactory. It is difficult for the accused and their lawyer to prepare the defence before the trial. The difficulties stem mainly from the constraints of detention. It is, for example, impossible for the lawyer, according to case law, to get the intercepted telephone recordings (which will be presented at the hearing) in order to listen to them with their client.

  • The Portuguese Bar Association’s Human Rights Commission notes in its report that the Lisbon prison lacks proper private spaces for prisoners to consult with their lawyers confidentially. On the other hand, the Odemira facility offers rooms that “adequately ensure privacy and comfort during visits.”

    i
    05/01/2023
    / Commission des droits de l’homme du barreau portugais (CDHOA)

Prison wardens at Caxias Prison Hospital and in the psychiatric wing of the Santa Cruz do Bispo prison are trained to provide care for people with mental disorders.

  • The Portuguese Bar Association’s Human Rights Commission has observed that the Tires correctional facility struggles to meet the needs of prisoners suffering from mental disorders.

    i
    05/01/2023
    / Commission des droits de l’homme du barreau portugais (CDHOA)

The prison service offers activities to prisoners

yes

The prisoners have access to sports, and social and cultural activities. External educational, cultural, artistic or sports entities organise social or cultural activities in prison. In 2017, there were 282 entities for social and cultural activities, and 112 for physical and sports activities.

  • The Portuguese Bar Association’s Human Rights Commission expresses concern over the insufficient activities available for prisoners to engage in during their free time.

    i
    05/01/2023
    / Commission des droits de l’homme du barreau portugais (CDHOA)

Prisoners enrolled in educational training

20.2 % (2,306)
i
31/12/2021
/ prison administration

The number of prisoners enrolled in academic training decreased by 37.3% between December 2019 (3,680)1 and December 2021 (2,306).

  1. prison administration ↩

  • Prisoners in Funchal prison have the opportunity to pursue studies. About 60 % of them are enrolled in academic programmes, with a success rate of about 50% on average.

    i
    05/01/2023
    / Commission des droits de l’homme du barreau portugais (CDHOA)

Those incarcerated with their children have separate accommodations from others.

  • The Odemira prison features a daycare centre for the children of incarcerated mothers.

    i
    05/01/2023
    / Commission des droits de l’homme du barreau portugais (CDHOA)

Persons who are addicted to drugs can benefit from a substitution program (methadone, subutex, antagonists, suboxone).

  • Following the establishment of a care unit, the Lisbon prison now provides a support programme specifically designed for prisoners with addictions.

    i
    05/01/2023
    / Commission des droits de l’homme du barreau portugais (CDHOA)

The cells/dormitories are provided with electric lighting

yes

  • The Portuguese Bar Association’s Human Rights Commission (CDHOA) notes in its report that one wing of the Lisbon prison is shrouded in darkness, as it lacks light bulbs. The report suggests that the bulbs are either being removed or broken by the prisoners.

    i
    05/01/2023
    / Commission des droits de l’homme du barreau portugais (CDHOA)

Cells are fitted with a window that can be opened.

  • In its report, the Portuguese Bar Association’s Human Rights Commission (CDHOA) criticises the “damp and mouldy” state of cells in the Ponta Delgada correctional facility. The report also notes that the windows in one of the prison blocks are not wide enough, leading to a lack of natural light and poor air circulation. However, in the medical unit of the same facility, air circulation and natural light are satisfactory. The Commission observed similar conditions in the Odemira prison.

    i
    05/01/2023
    / Commission des droits de l’homme du barreau portugais (CDHOA)

A supervisory body has issued a decision on prison overcrowding

yes

The country is condemned by the European Court of Human Rights (ECHR), in 2019 and 2020, due to prison overcrowding, cell sharing and inadequate prison infrastructure.
The NPM and the Ombudsman regularly comment on overcrowding in the establishments concerned. Prison overcrowding has been systematically addressed in NPM reports. CPT reports also address overcrowding.

  • On 5 January 2023, the Portuguese Bar Association’s Human Rights Commission (CDHOA) released a report following their 2022 visits to eight correctional facilities across the country (Lisbon, Porto, Odemira, Ponta Delgada, Faro, Funchal, Caxias and Tires). The report highlights that “overcrowding is widespread” due to the high number of people in pre-trial detention.

    i
    06/01/2023
    / TSF

Prisoners eat their meals in

a communal dining area

In the absence of a dining hall, the governor of the facility determines where meals are to be eaten.

Prisoners placed in a disciplinary cell eat their meals in the cell.

  • Lisbon’s prison has eight cafeterias for its prisoners, but one has been shut down because of a ceiling collapse risk. As a result, about 130 prisoners have to eat their meals in their cells.

    i
    02/03/2023
    / CNN Portugal

Access to care must be ensured in continuity and quality. The prisoner’s access to health care must be identical to that of any free citizen (article 32 of the Code for the enforcement of punishment).

  • The Portuguese League Against Cancer (Liga Portuguesa Contra o Cancro, LPCC) has launched an oral cancer screening campaign at the Carregueira prison. On its first day, 150 prisoners were attended to by dentists. The campaign aims to screen around 3,830 prisoners, both men and women, who are 40 years old or older, from 20 facilities nationwide.

    i
    13/02/2023
    / Justiça.gov.pt

Vocational training is provided

yes

The availability of occupational training programmes varies from one facility to another. Vocational training courses are set up according to the needs and resources of each establishment. Priority is given to the training of young prisoners (article 40 of the Code governing the enforcement of sentences).
For example, Viseu prison offers a variety of short-term vocational training courses due to the short period of incarceration of most of the prisoners. These programmes include road works, building maintenance and farming. A total of 36 trades are available, including cleaning, maintenance and organisation of communal areas, agriculture, metalwork, carpentry and prison renovation work.

  • The Caxias prison facility boasts a pottery workshop. This space is equipped to employ and train four to six prisoners at a time, aiming to enhance their professional and social skills.

    i
    15/02/2023
    / Justiça.gov.pt

Women have access to activities, training, and work.

  • Throughout March, the women prisoners at the Funchal correctional facility have the opportunity to train in first aid. After completing the course, they will receive a certificate that is valid for two years across Europe.

    i
    07/03/2023
    / Justiça.gov.pt

Access to the prison guard profession is subject to a competitive examination and training. This comes under the authority of the Ministry of Justice Prison guard statute. Competitive examinations are open to candidates who satisfy the following requirements:

  • Portuguese nationals

  • Between the ages of 21 and 28 during the year of the exam

  • Height of at least 1.60 metres for females and 1.65 metres for males

  • The equivalent of a secondary education diploma has been obtained (usually at the end of compulsory education up to the age of 18)

  • No criminal record

  • “Good physical condition”

  • Up-to-date with compulsory vaccinations

Initial training for prison guards (CFICGP) is a nine-month programme. The first four months comprised theoretical courses on communication, social science, law, security, IT and health. The remaining five months would be dedicated to practical training. Trainees would begin by observing, before moving on to carrying out real tasks within the prison after acquiring the necessary experience. This training would be overseen by specialists and take place in seven different prisons. As of January 2022, 71 people had completed the training programme and 65 people were in training.

  • The training programme for aspiring prison guards started on 21 March, welcoming 111 new trainees, including 95 men and 16 women. This nine-month course is divided into two segments: the first five months focus on theory, followed by four months of practical field training. The curriculum addresses key topics such as adherence to international human rights standards in prisons, conflict prevention, and the social reintegration of prisoners. Additionally, it includes modules on gender, diversity, non-discrimination, inclusion, and cultural diversity.

    i
    21/03/2023
    / Justiça.gov.pt