por Portugal aos Órgãos de Controlo da Aplicação
dos Tratados das Nações Unidas em Matéria de
Conclusions and recommendations
of the Committee against Torture : Portugal. 08/05/2000. A/55/44,paras.96-105.
COMMITTEE AGAINST TORTURE, 24th
Session, 1-19 May 2000
CONSIDERATION OF REPORTS SUBMITTED
BY STATES PARTIES UNDER ARTICLE 19 OF THE CONVENTION
Conclusions and recommendations of the Committee
96. The Committee considered the third periodic
report of Portugal (CAT/C/44/Add.7) at its 414th, 417th and 421st
meetings on 3, 4 and 8 May 2000 (CAT/C/SR.414, 417 and 421), and
adopted the following conclusions and recommendations.
97. The Committee notes with satisfaction that
the third periodic report of Portugal, which was received on time,
conforms to the general guidelines for the preparation of periodic
reports. It expresses its satisfaction at the full, detailed and
frank nature of the report.
98. The Committee heard with interest the oral
statement of the Portuguese delegation, in which details were provided
of events that had occurred since the submission of the report.
The Committee noted, in particular, the extension of the Convention
to the territory of Macau, which had been confirmed by the Peoples'
Republic of China.
2. Positive aspects
99. The Committee notes the ongoing initiatives
of the State party to ensure that its laws and institutions conform
to the requirements of the Convention.
100. The Committee particularly notes the following
(a) The restructuring of the police agencies, which is designed
to emphasize the civilian aspects of policing;
(b) The decision to set up an inspectorate of prisons;
(c) The creation of a database to streamline information relating
to cases of abuse of public power;
(d) The enactment of regulations governing police use of firearms
that reflect the Basic Principles on the Use of Firearms by Law
(e) The enactment of regulations relating to conditions of detention
in police lock-ups, setting out the minimum standards to be observed;
(f) The acknowledgement by the European Committee for the Prevention
of Torture, as a result of its 1999 inspection, that improvements
have taken place with respect to prisons, including the creation
of a national drug unit for prisons and the setting up of new
prison health units;
(g) The initiation of the practice of monthly prison visits by
magistrates to receive prisoners' complaints concerning treatment;
(h) The introduction in 2000 of a new system of police training
with a curriculum developed by a board that includes representatives
of civil society;
(i) The active measures that have been taken to reduce violence
in Portuguese prisons;
(j) The active dissemination of information relating to the Convention,
including publication for the judiciary, in an official periodical,
of the proceedings relating to the second periodic report.
3. Subjects of concern
101. The Committee is concerned at continuing
reports of a number of deaths and ill-treatment arising out of contact
by members of the public with the police.
102. It is also concerned at continuing reports
of inter-prisoner violence in prisons.
103. The State party should continue to undertake
in vigorous measures, both disciplinary and educative, to maintain
the momentum moving the police culture in Portugal to one that respects
104. The State party should particularly ensure
that criminal investigation and prosecution of public officers are
undertaken as a matter of course where the evidence reveals that
they have the committed of torture, or cruel or inhuman or degrading
treatment and punishment.
105. The State party should continue to take such steps as are necessary
to curtail inter-prisoner violence.