All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
Portuguese prisoners at risk of torture and ill-treatment
source: ultimahora.publico.pt
Summary of Amnesty International's concerns regarding the protection of human rights under the International Covenant on Civil and Political Rights
On 11 November 2003 Albino Libânio, a detainee in Lisbon Prison, asked again about a food package he was expecting which had not arrived. He behaved - according to a prison officer - in a disrespectful manner. Later that day he was taken to a cell known as "cell 80" to "calm down". Sometime during the evening Albino Libânio was taken from "cell 80" to a hallway where some 10 to 15 prison officers were lined up in two rows. Albino Libânio was made to walk through them while being pushed, kicked and punched. Another prison officer approached the scene and noticed that a detainee was lying on the ground covering his head with his hands and surrounded by a group of prison officers. This officer took Albino Libânio back to his cell. [...]
Prison conditions cause grave concern
Concerns in Europe, January to June 2004There were some new reports of ill-treatment and other forms of abuse by prison officers. AI was investigating the case of a prisoner that had been beaten up by several prison officers in Lisbon prison in November 2003. In light of the circumstances of this assault, the organization was concerned that it might not have been an isolated incident. Concerns about the safety of inmates persisted. Safeguards to prevent self-harm, including through the identification of vulnerable inmates, remained inadequate in some prisons, as did systems to ensure assistance to inmates in need at night and in disciplinary cells. In Vale de Judeus prison, there were three reportedly self-inflicted deaths in January. AI received reports that safety measures in some prisons, including in case of fire and in prison workshops, were very poor – if they existed at all. Conditions amounting to cruel, inhuman and degrading treatment continued to cause concern in various prisons.Overcrowding remained one of the main problems contributing to cruel, inhuman and degrading conditions of detention, together with gravely inadequate sanitary facilities. There were reports that conditions of detention in disciplinary cells in some prisons were extremely poor. In the wings of some prisons detainees were reportedly locked up for up to 23 hours with no access to fresh air, sometimes for several days at a time. Inadequate health care provisions continued to be of grave concern, especially in light of reports that a large part of the prison population was diagnosed with serious medical conditions, including HIV. |
The authorities continued to fail to ensure the separation of convicted prisoners from detainees in pre-trial detention. Lawyers interviewed by AI expressed concern at the lack of dissemination of prison rules. AI was concerned that this resulted in inmates not being aware of their rights, including in relation to disciplinary proceedings against them.
Comissão de Estudo e Debate da Reforma do Sistema PrisionalA commission established in February 2003 to study a reform of the prison system (Comissão de Estudo e Debate da Reforma do Sistema Prisional), submitted its report to the government in February. The commission was mandated to draft general guidelines and legislative proposals on the reform of the prison system. The proposals (with the title Lei-quadro da reforma do sistema prisional) were approved by the government at the end of June. The stated objectives of the reform included:
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In connection with the latter, AI considered that the government should take the occasion of the review of the prison system to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to
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