Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
04 May 2000
Share
CAT
24th Session
4 May 2000
Afternoon
A Government delegation from Portugal this afternoon told the Committee against Torture about measures taken by that country to comply with the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The delegation of Portugal reappeared before the Committee to present its responses to the questions raised by experts on the country’s third periodic report yesterday.
Jose Manuel Santos Pais, Deputy Procurator General of Portugal, replied to the questions, saying among other things that the Government was training its law enforcing officers in the area of human rights of ethics which had reduced the number of complaints against public officials. He said that during the last three years, only one case had been qualified as being torture. The officer had already been expelled from the police force following disciplinary procedures and penal proceedings were ongoing.
The Portuguese delegation also included Alvaro Mendanca e Moura, Permanent Representative of Portugal to the United Nations Office at Geneva; Catarine de Albuquerque and Paulo Marrecas Ferreira, of the cabinet of documentation and comparative law; Maria Jose de Matos, of the general direction of prison services; Mario Gomes Dias, of the Ministry of Internal Administration; and Maria de Fatima Graca Carvalho, Deputy Inspector-General, General Inspection of the Internal Administration.
As one of the 119 States parties to the Convention against Torture, Portugal must submit periodic reports to the Committee on its performance to implement the terms of the treaty.
The Committee will offer its conclusions and recommendations on the report of Portugal at 3 p.m. on Monday, 8 May, in the presence of the Portuguese delegation.
When the Committee reconvenes at 10 a.m. on Friday, 5 May, it will take up the third periodic report of Paraguay.
Responses by Portugal
JOSE MANUEL SANTOS PAIS, Deputy Procurator General of Portugal, in response to a number of queries raised by the Committee's experts, said that during the last three years, only one case had been qualified as being torture in which a police officer had inflicted an electric shock to a detainee. The officer had already been expelled from the police force following disciplinary procedures and penal proceedings were ongoing.
With regard to cases of death under police detention, Mr. Santos Pais said the 14 cases death referred to by the report of Amnesty International had all been investigated. However, the responsibility of the agents concerning the death of the victims had been retained only in some of the cases. In fact, in only one case, one could remark that the death of one of the detainees had been wilfully caused by the police agent. The agent and two other accomplices had been expelled from the police force. They were also sentenced to prison terms.
Referring to another Amnesty report to which one expert alluded to a "malaise affecting the Portuguese justice system in general", Mr. Santos Pais said he understood that the elements referred to by that organization seemed awkward; nevertheless, when one began investigation of each one of the cases referred to, one would find that they all had been the object of criminal prosecution and charges. Sentences were handed down according to the law and the consciences of the judges who decided on the cases.
A question was asked about violence taking place among inmates in the Porto prison, which was also addressed by Amnesty International. Mr. Santos Pais said that within the context of periodic visits by the European Committee for the prevention of torture, a delegation had visited the prison from 19 to 30 April 1999 and the report was being prepared on the outcome of the visit. Already, the Government of Portugal had taken measures after evaluation of the gravity of the violence in the prison. The cause of the violence had been attributed to overcrowding and a problem of drugs. The number of inmates had been reduced from about 1,350 to 1,000 and they were transferred to a nearby prison. In addition, surveillance cameras had been installed inside the prison and the number of prison officers had been increased.
There was normally an automatic investigation, by the Public Prosecution Service, of any case of torture or ill-treatment brought to its attention by any means whatsoever, even when the victims failed to lodge complaints through the prescribed legal channels, the Deputy Procurator General said.
Concerning compensation for victims of violent crimes, he said that there had been a relative growth of demands in that field; however, not all the compensation requested was granted. The highest amount paid had increased from 4 million escudos in 1997 to 6 million in 1999.
The efforts made by the competent Portuguese authorities in the field of the training of the law enforcement officials, particularly in the area of human rights, ethics and professional deontology, had reduced the number of complaints against public officials. In addition, the dissemination of the international standards and norms, as well as the recommendations of the international treaty monitoring bodies, had also added to the efforts in reducing torture incidents.
Regarding the question relating to cases of sexual abuse in prisons, Mr. Santos Pais said that problem did not exist.
As of 20 December 1999, Portugal was no longer responsible for the administration of the territory of Macau, he said. The responsibility was now entirely incumbent upon China. However, Portugal did its best to ensure that before the transition, Macau was left with a solid legal framework in the area of combatting torture.
* *** *
24th Session
4 May 2000
Afternoon
A Government delegation from Portugal this afternoon told the Committee against Torture about measures taken by that country to comply with the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The delegation of Portugal reappeared before the Committee to present its responses to the questions raised by experts on the country’s third periodic report yesterday.
Jose Manuel Santos Pais, Deputy Procurator General of Portugal, replied to the questions, saying among other things that the Government was training its law enforcing officers in the area of human rights of ethics which had reduced the number of complaints against public officials. He said that during the last three years, only one case had been qualified as being torture. The officer had already been expelled from the police force following disciplinary procedures and penal proceedings were ongoing.
The Portuguese delegation also included Alvaro Mendanca e Moura, Permanent Representative of Portugal to the United Nations Office at Geneva; Catarine de Albuquerque and Paulo Marrecas Ferreira, of the cabinet of documentation and comparative law; Maria Jose de Matos, of the general direction of prison services; Mario Gomes Dias, of the Ministry of Internal Administration; and Maria de Fatima Graca Carvalho, Deputy Inspector-General, General Inspection of the Internal Administration.
As one of the 119 States parties to the Convention against Torture, Portugal must submit periodic reports to the Committee on its performance to implement the terms of the treaty.
The Committee will offer its conclusions and recommendations on the report of Portugal at 3 p.m. on Monday, 8 May, in the presence of the Portuguese delegation.
When the Committee reconvenes at 10 a.m. on Friday, 5 May, it will take up the third periodic report of Paraguay.
Responses by Portugal
JOSE MANUEL SANTOS PAIS, Deputy Procurator General of Portugal, in response to a number of queries raised by the Committee's experts, said that during the last three years, only one case had been qualified as being torture in which a police officer had inflicted an electric shock to a detainee. The officer had already been expelled from the police force following disciplinary procedures and penal proceedings were ongoing.
With regard to cases of death under police detention, Mr. Santos Pais said the 14 cases death referred to by the report of Amnesty International had all been investigated. However, the responsibility of the agents concerning the death of the victims had been retained only in some of the cases. In fact, in only one case, one could remark that the death of one of the detainees had been wilfully caused by the police agent. The agent and two other accomplices had been expelled from the police force. They were also sentenced to prison terms.
Referring to another Amnesty report to which one expert alluded to a "malaise affecting the Portuguese justice system in general", Mr. Santos Pais said he understood that the elements referred to by that organization seemed awkward; nevertheless, when one began investigation of each one of the cases referred to, one would find that they all had been the object of criminal prosecution and charges. Sentences were handed down according to the law and the consciences of the judges who decided on the cases.
A question was asked about violence taking place among inmates in the Porto prison, which was also addressed by Amnesty International. Mr. Santos Pais said that within the context of periodic visits by the European Committee for the prevention of torture, a delegation had visited the prison from 19 to 30 April 1999 and the report was being prepared on the outcome of the visit. Already, the Government of Portugal had taken measures after evaluation of the gravity of the violence in the prison. The cause of the violence had been attributed to overcrowding and a problem of drugs. The number of inmates had been reduced from about 1,350 to 1,000 and they were transferred to a nearby prison. In addition, surveillance cameras had been installed inside the prison and the number of prison officers had been increased.
There was normally an automatic investigation, by the Public Prosecution Service, of any case of torture or ill-treatment brought to its attention by any means whatsoever, even when the victims failed to lodge complaints through the prescribed legal channels, the Deputy Procurator General said.
Concerning compensation for victims of violent crimes, he said that there had been a relative growth of demands in that field; however, not all the compensation requested was granted. The highest amount paid had increased from 4 million escudos in 1997 to 6 million in 1999.
The efforts made by the competent Portuguese authorities in the field of the training of the law enforcement officials, particularly in the area of human rights, ethics and professional deontology, had reduced the number of complaints against public officials. In addition, the dissemination of the international standards and norms, as well as the recommendations of the international treaty monitoring bodies, had also added to the efforts in reducing torture incidents.
Regarding the question relating to cases of sexual abuse in prisons, Mr. Santos Pais said that problem did not exist.
As of 20 December 1999, Portugal was no longer responsible for the administration of the territory of Macau, he said. The responsibility was now entirely incumbent upon China. However, Portugal did its best to ensure that before the transition, Macau was left with a solid legal framework in the area of combatting torture.
* *** *