![pi_fp_portugal_fr.png](/assets/f1440x800-q70/606efe04/pi_fp_portugal_fr.png)
Portugal
Capital city — Lisbon
Country population
i01/2021/ Council of Europe, [SPACE I – 2021 Report] (https://wp.unil.ch/space/space-ii/annual-reports/)Incarceration rate (per 100,000 inhabit…
i03/2023Type of government
Human Development Index
0.866(38/191)
iHomicide rate (per 100,000 inhabitants)
Name of authority in charge of the pris…
Total number of prisoners
i15/01/2023/ [prison administration]((https://dgrsp.justica.gov.pt/Portals/16/Estatisticas/%C3%81rea%20Prisional/Quinzenais/2023/1q01-2023-sitpen.pdf?ver=YcWdyro24SoCW4lRRFBiUA%3d%3d)Average length of imprisonment (in mont…
i2020/ Council of Europe, SPACE I – Report 2021, p. 123.Prison density
i12/2022Total number of prison facilities
i2021An NPM has been established
Female prisoners
i15/01/2023Incarcerated minors
Percentage of untried prisoners
i31/12/2021Death penalty is abolished
Overview
Prison population
Incarceration rate (per 100,000 inhabitants)
112
The authorities publish official statistics on prison population
every 15 days
The prison service has a computerised record keeping system
Total number of prisoners
12,442
Variation in the number of prisoners
increase
The number of people in prison increased by 9% between 2020 (11,412)1 and 2023 (12,442).
Number of people serving non-custodial sentences
29,831
Number of admissions
4,357
Number of releases
5,738
Average length of imprisonment (in months)
31.8
Variation in the average length of imprisonment
decrease
The average legnth of imprisonment decreased by 5.03% between 2019 (30.2)1 and 2020 (122).
Council of Europe, SPACE I, 2020 Report, p. 125. ↩
Prison density
96.3 %
Overcrowding is an issue for specific types of prison facilities
yes
The country has been condemned by an international court for its prison overcrowding
yes
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).
The European Court of Human Rights has once again condemned Portugal, in 2023, 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.
See, for example, Bokor vs. Portugal, Dragan vs. Portugal, Butuc vs. Portugal, Dumitru vs. Portugal and Patenaude vs. Portugal. ↩
A supervisory body has issued a decision on prison overcrowding
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.1
Portuguese Bar Association’s Human Rights Commission (CDHOA), “Relatório Visitas Estabelecimentos Prisionais 2020-2022”, 2023. (in Portuguese) ↩
Organisation
Name of authority in charge of the prison service
Ministry of Justice
Budget of the prison service
238395085
Percentage of the ministerial budget allocated to the prison service
17.2 %
The prison service outsources the management of the facilities to private companies, either partially or fully
yes
Prison management is the responsibility of the DGRSP. The delegation of management is sometimes granted, particularly for catering and health services.
The Santa Cruz do Bispo Special Penitentiary Establishment for Women is under delegated management as part of a pilot project. The Santa Casa da Misericórdia do Porto charity is responsible for the management of health services, catering, maintenance, spiritual assistance, education, and professional training. The DGRSP retains management of the establishment, its security (prison staff), and the prison registry.
The Portuguese prison administration is placed under the responsibility of the General Directorate of Reintegration and Prison Services (DGRSP). Sentences, whether custodial or not, have been managed by a single directorate since 2012 (legislative judgment no. 63/2012).
There are three detention regimes:
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The ordinary regime
-
The open regime
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The security regime
Article 12 of the Code for the execution of sentences and custodial measures lays out the terms and characteristics of each regime.
Persons placed in ordinary regimes serve their sentences in high-security establishments or neighbourhoods. Activities and community life take place inside the penitentiary establishment. Persons placed in open regimes serve their sentences in medium security establishments or neighbourhoods. Getting closer to the outside community is encouraged. The open regime has two forms/formats:
-
The “open regime on the inside”. Activities take place inside the establishment (or its immediate vicinity) and are subject to direct and continuous surveillance.
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The “open regime on the outside”. Activities take place outside of the establishment and do not require surveillance.
Persons placed in security regimes serve their sentences in “special” security establishments or neighbourhoods (see ‘The real estate park’ section). Daily life, activities, and links with the outside world are limited. The re-evaluation of this placement takes place every six months (three months for youth under the age of 21). The decision to place, maintain or terminate it rests with the director of the DGRSP.
Prison facilities
The DGRSP distinguishes between two types of penitentiary establishments according to the criteria of “management complexity”:
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High complexity establishments
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Average complexity establishments
Management complexity is defined by the level of security – special, high, or medium – the programmes implemented, the characteristics of the population, and the number of people held there (circular no. 13/2013).
The Leiria school prison houses minors and young adults. There are eight educational centres for minors aged 12 to 16 who are sentenced to educational measures [(See Minors section)].
Total number of prison facilities
49
Total official capacity of the prison facilities
12,673
Variation in the capacity of the prison facilities
decrease
The total capacity decreased by 2.02% between 2020 (12,934)1 and 2023 (12,673).
The size of Portuguese prisons varies depending on the type of establishment. Average complexity prisons have up to 350 spaces. The Cadeia de Apoio da Horta (Horta support prison), administratively attached to the Angra do Heroísmo prison, is the smallest prison (17 spaces). High complexity prisons range from 169 (Súbal prison) to 887 spaces (Lisbon prison).
Prison facilities are accessible by public transport
yes
The majority of prisons are located in town centres.
Staff
Number of prison guards (FTE)
4,152
Variation in the number of prison guard positions
decrease
The number of prison guard positions decreased by 2.21% between 2020 (4,246)1 and 2021 (4,152).
Council of Europe, SPACE I - 2020 Report, p. 83. ↩
Guard to prisoner ratio
1 : 2.8
Number of socio-educational workers (FTE)
880
The prison staff is represented by (a) union(s)
The Sindicato Nacional do Corpo da Guarda Prisional (National Union of the Prison Guard Corps) is the majority union.
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. It lasts for at least six months. Competitive examinations are open to candidates who satisfy the following requirements:
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Portuguese nationals
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Between the ages of 21 and 28 during the year of the exam
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Height of at least 1.60 metres for females and 1.65 metres for males
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The equivalent of a secondary education diploma has been obtained (usually at the end of compulsory education up to the age of 18)
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No criminal record
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“Good physical condition”
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Up-to-date with compulsory vaccinations
In 2021, initial training for prison guards (CFICGP) took nine months. The first four months comprised theoretical courses on communication, social science, law, security, IT, health, international human rights standards in prisons, conflict prevention, social reintegration of prisoners and modules on gender, diversity, non-discrimination, inclusion, and cultural diversity. 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 different roles of prison administration staff are as follows:
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Prison guards (Corpo da Guarda Prisional - CGP), constituting the majority of personnel (63.2% in 2017)
-
Administrative personnel (IT, registrar, bursar…)
-
Educational personnel
-
Medical personnel
-
Management 1
General Directorate of Reintegration and Prison Services, “Activity and self-assessment report 2017”, 2018 p. 393-394. ↩