HUMAN RIGHTS COMMITTEE REVIEWS THIRD PERIODIC REPORT FROM PORTUGAL ON THE COUNTRY'S CIVIL AND POLITICAL SITUATION

21 July 2003


The Human Rights Committee this afternoon concluded its one-day dialogue with a Government delegation from Portugal on how that country was giving effect to the provisions of the International Covenant on Civil and Political Rights.

The dialogue was held on the basis of the third periodic report of Portugal submitted to the 18-member Committee which monitors the implementation of the International Covenant.

Presenting his country's report, Jose Caetano da Costa Pereira, Ambassador and Permanent Representative of Portugal to the United Nations Office at Geneva, told the Committee that his country was now living in a different democratic atmosphere than in previous years. He added that the institutions that guaranteed a democratic society had been strengthened.

Also introducing the report was Joana Gomes Ferreira, Director of the Cabinet of Comparative Law Documentation at the Office of the Attorney-General of Portugal, who said that a series of legislative and juridical measures had been taken in recent years to enhance human rights in the country. She said that the will of the Portuguese Government to uphold human rights had become more and more evident.

The Portuguese delegation was also made up of Paulo Marrecas Ferreira, Cabinet of Comparative Law Documentation at the Office of the Attorney-General of the Republic; Joao Figueiredo, Legal Assistant, High Commissioner for Immigration and Ethnic Minorities; Rui Simoes, Deputy Director General of Legal Policy and Planning Office, Ministry of Justice; Jose Manuel Ribeiro de Almeida, Principal Superior Inspector, General Inspection of Domestic Administration; Mario Pedro, Legal Office, Foreign and Customs Service; Maria Jose Matos, Deputy Director-General, General Direction of Penitential Service; and Luis Faro Ramos, Counsellor, Permanent Mission of Portugal in Geneva.

The Committee will issue its formal, written concluding observations and recommendations at the end of its four-week session on 8 August. In preliminary remarks, the Chairperson of the Committee, Abdelfattah Amor, said that Portugal had made tremendous progress in human rights. The report had been drafted in a manner that was easily read and was rich in information. It also provided answers to the Committee's previous observations. The delegation was requested to provide additional information pertaining to issues raised during this session in order to include them in the Committee's final observations.

As one of the150 States parties to the International Covenant, Portugal is obligated to present periodic reports to the Committee on its efforts to put into effect the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Tuesday, 22 July, it will have a closed meeting to deal with the country report task force on Colombia and communications. At 3 p.m., it will start its consideration of the third periodic report of El Salvador (CCPR/C/SLV/2002/3) in public.

Third Periodic Report of Portugal

The report (CCPR/C/PRT/2002/3) contains details of the State party's efforts to implement the provisions of the International Covenant on Civil and Political Rights on an article-by-article basis. It also provides responses to comments raised by the Committee during its consideration of the second periodic report. The report says that Portugal is a democratic State governed in accordance with the rule of law and the sovereignty of the people. The Constitution proclaims the plurality of democratic expression and political organisation and the guarantee of the effective exercise of fundamental rights and freedoms. The organisation of political power is based on universal suffrage and political parties.

The principle of non-discrimination is a general principle of the Constitution, which includes the fundamental right not to be discriminated against for any reasons whatever, the report notes. The Constitution places nationals and aliens on an equal footing. Aliens and stateless persons, temporarily or habitually resident in the country, enjoy the same rights and are subject to the same obligations as Portuguese citizens.

Presentation of Report

JOSE CAETANO DA COSTA PEREIRA, Ambassador and Permanent Representative of Portugal to the United Nations Office at Geneva, said that his delegation would provide the Committee with an overview of the situation of civil and political rights in the country. When the State party presented its second periodic report, it had been building its democratic structure. Today, the country was living in a different democratic situation. Among other things, the issue of Macao had been settled and it had reverted to Chinese sovereignty in 1999.

JOANA GOMES FERREIRA, Director of the Cabinet of Comparative Law Documentation at the Office of the Attorney-General of Portugal, said that a series of legislative and juridical measures had been taken in recent years in relation to human rights. The revision of the country's Constitution had been completed; and the Criminal Code had also been amended to impact on criminal activities. Other legislative measures had also been adopted with the view to improving the human rights situation in the country.

Discussion

The members of the Portuguese delegation responded to a number of written questions prepared by Committee Experts in advance. Under the main subject of the principle of non-discrimination, they said that although foreigners had the same rights in the country, they were excluded from exercising political rights and from being drafted in the army. Citizens of Portuguese-speaking countries could exercise all rights and could hold public offices, except access to presidential posts. Individuals from the European Union could participate in election of European matters.

Concerning legislation for the expulsion of aliens sentenced for certain categories of crimes, the delegation said that the sanction was adopted after taking into consideration the personal situation of the individual. The expulsion measures should not disrupt the normal family life of the individual. Individuals born and brought up in Portugal were exempted from any form of expulsion.

The crimes of genocide and offences against religions were prohibited in the country, the delegation said. Discrimination and incitement to national, racial and religious hatred were also prohibited by law. A politician who recently insulted the Gypsy community, for example, had had to publicly apologise for his actions.

With regard to the right to life and the prohibition of torture, the delegation provided information on various cases in which the perpetrators of abuse of power had been dealt with. Concerning the death in police custody of an individual in 2000, disciplinary measures had been taken against nine police officers. However, since the General Inspection of the Internal Administration had suspended the measures, the investigation process had continued to establish the criminal responsibility of the death. Other cases of ill-treatment and injuries perpetrated in 2001 and 2002 by the police against individuals at the time of arrest and during detention had been investigated and appropriate measures had been taken.

Regarding the violent death of two prisoners in October 2001 in the prison in Vale de Judeus, the delegation said that the authorities had carried out an investigation and the outcome would be released in two months time. Incidents involving death and ill-treatment in prisons had been matters of concern to officials. The Government had taken measures to train prison guards in the treatment of inmates. The teaching of human rights to prison officials had also been strengthened.

On the security of persons and protection against arbitrary arrest, the delegation said that the right to medical assistance of a detainee was guaranteed under the Constitution. Individuals arrested on suspicion of carrying out a crime had to be accompanied by a lawyer of their choice. Any police arrest should immediately be communicated to the investigating judge.

The use of the electronic monitoring system -- electronic bracelet --, which allowed prisoners to stay out of prisons on a temporary basis, had been effective in easing the overcrowding of pre-trial detention for certain offences, the delegation said. About 79 per cent of pre-trial detention concerned those who had committed crimes of drug-trafficking or theft. Among 14,226 inmates in the country, 4,236 persons were detained on pre-trial procedures. Persons detained unlawfully could be compensated for the damage caused by his or her arrest.

Article 301 of the Criminal Code defined terrorism as an act or acts of having the intention of threatening the national security or independence of the nation; and changing or obstructing the functioning of the State institutions provided for by the Constitution. Acts of forcing public officers to perform acts not compatible with their official functions were also considered as terrorist acts. Other acts of blackmail and crimes against the life, integrity and freedom of persons were also considered as acts of terrorism. During the last ten years, only one case of terrorism had been brought the judicial authorities.

The delegation said that the act of abortion was punishable with penalties ranging from two to eight years' imprisonment for any person causing a woman to abort. Women undergoing abortion incurred penalties of up to three years imprisonment. Abortion was allowed only in the event that the health of the mother or that of the foetus was threatened. There had been 1,616 hospital admissions in 2002 following complications after illegal abortions. A referendum on the elimination of current restrictions on abortion was held in June 1998 and was rejected by Portuguese voters.

Committee Experts raised additional questions, among other things, on expulsion; integration of foreigners in the country; the distinction between residential and non-residential foreigners; the extent of tension in prisons; the measures taken to reduce acts of violence in prisons; the voluntary interruption of pregnancy and the practice of family-planning; the place of women in the Portuguese society; the lack of evidence concerning some cases involving police ill-treatment; the length of arrest before trial; the lack of monitoring of registration of arrests by police; the number of illegal police arrests; and preventive measures against death in police custody.

The Portuguese delegation went on providing responses to the remaining written questions. On the treatment of persons deprived of their liberty, the delegation said that detainees subjected to disciplinary internment in a single room might only lodge an appeal if the period of internment exceeded eight days. According to the law, the most severe internal disciplinary measure was for a period of one month. The inmate had the right to lodge complaints to internal or external authorities.

The health and hygiene of prisoners was a concern for the Portuguese authorities, the delegation said. All detention systems were equipped with sanitary systems and periodic inspections were carried out by the health officials. Information was disseminated to the prisoners on the risks of drug consumption and they were advised about the consequences of unsafe sexual activities, and the risk of AIDS and Hepatitis.

On the issue of treatment of foreigners and refugees, the delegation said that any request for asylum was considered by the authorities in application of the 1951 Geneva Convention Relative to the Status of Refugees. If the request for asylum was not accepted, he or she could appeal to the National Commission for Refugees within five days, which would imply a suspensory effect. The Commission had to pronounce its decision within 48 hours upon receiving the appeal.

The High Authority for the Mass Media was responsibility for issuing licences and authorizations for television broadcasting, the delegation said. The responsibility and penalties related to television operators were covered by law. Responsibility might be civil, criminal or administrative, and penalties might include suspension of the broadcasting or the withdrawal of the corresponding licence.

Asked about the extent of the phenomenon of the illegal employment of children under the age of 16, the delegation said that Portugal had ratified most of the important international instruments regarding child labour, including International Labour Organization (ILO) Convention 182 on the worst forms of child labour. National legislation had also been adopted to regulate labour in which minors were involved.

While all citizens above the age of 18 years were capable of participating in elections, mentally disabled persons and, in some cases, convicted individuals whose political rights were deprived, were not allowed to vote, the delegation said. In the event a politician committed acts of fraud, his political rights could be suspended for periods ranging from six months to five years.

Gypsy communities were encouraged to integrate into the society through participation in civil society, the delegation said. They were guaranteed minimum income thanks to the implementation of the programme of poverty eradication strategy. Other specific projects were also put in place to enhance Gypsy development in health and education.

Responding to oral questions raised by Committee Experts, the members of the Portuguese delegation said that there were no official statistics on illegal abortions nor about the social strata of those who practised abortion.

Cases of pre-trial detention procedures were monitored by superior judicial instances, the delegation said. Last year, 118 demands for habeas corpus had been submitted by individuals and only a few had been admitted.

New legislation had been put in place on the use of firearms by security officers, the delegation said. The use of firearms by the National Police and by the Judicial Police was governed by the law of 1983 and subsequent laws. The use of firearms by police officers was permitted only in the case of absolute necessity as an extreme measure of coercion. Any violation of rules concerning the use of firearms by police officers might give rise to an investigation.

Committee Experts continued to raise follow-up questions on the responses provided by the delegation. They asked, among other things, about the conditions in which prisoners were held; the insufficiencies of measures against the outbreak of Hepatitis in prisons; inter-inmate violence; about the new groups of religions and convictions, and their number; about affirmative actions provided to the Gypsy communities; investigation of police violence against Gypsies and other minorities; the respect for privacy and the use of telephone taping; the right to compensation of persons put under surveillance and whose bank accounts were seen; the status of asylum seekers before the final decisions of the district court; the circumstances in which an individual was kept in solitary confinement; the available legal provision for independent dispute resolution; discrimination against Gypsy communities; the situation of East Timor after independence; mechanisms to monitor child labour; and the conditions of Muslim communities.

Responding, the members of the delegation said that a Commission had been established recently by the Portuguese authorities to elaborate guidelines for the reform of the prison system. The conditions in some of the country's prisons had drawn the attention of the officials since the last violent incident of 2001.

The maximum penalty for any crime in Portugal was 25 years, the delegation said. Penalties were decided upon in accordance with the seriousness of the crime and the criminal records of the indicted persons. In any criminal proceedings, priests were not obliged to give testimony before courts.

On religious freedom, the delegation said that the Portuguese law did not put any conditions on the exercise of the right to freedom of religion. The advantage of registration of religious groups was to benefit from tax exemption and other services related to their activities. There was no systematic prohibition of religious entities to hold religious meetings.

With regard to police training on human rights issues, the delegation said that a teaching manual had been distributed to police training centres and the teaching of human rights had been incorporated in the curriculum. A series of seminars had also been organized to increase police awareness on human rights.

Asylum seekers had the right to medical treatment until their application was decided upon, the delegation said. Resident permits valid for five years, based on humanitarian consideration, were issued for persons coming from countries under conflicts.

There were no episodes of anti-Muslim or anti-Semitic feelings registered in Portugal, the delegation said.

East Timorese continued to enjoy their rights in Portugal even after independence, the delegation said. As one of the Portuguese-speaking countries, individuals from East Timor still maintained the rights they used to enjoy before independence. They also had the right to acquire Portuguese nationality.

Committee Experts continued to raise further questions. Questions were asked on the manner in which cases of death in detention were investigated; and about the main churches in Portugal, among other things.

Responding, the members of the delegation said that there were always inquiries held concerning deaths in prisons; however, statistics were not available at present.


Preliminary Remarks

The Chairperson of the Committee, Abdelfattah Amor, said that Portugal had made tremendous progress in human rights. Although its submission was late, the report had been drafted in a manner that was easily read and was rich in information. It also provided answers to the Committee's previous observations. The delegation was requested to provide additional information pertaining to issues raised during this session in order to include them in the Committee's final observations.

The Chairperson said that a number of concerns had been expressed about the conditions of the Roma people in Portugal. They should be better secured and further affirmative actions should be implemented. The situation of asylum seekers was another important issue that the Committee did not deal with during the discussion. Portuguese women's conditions and their role in the situation was also a matter of concern to the Committee. Further measures should also be taken in order to prevent deaths in prisons. Some of the measures taken in that areas had been characterized by vagueness, which needed further clarification.

The Committee was eager to know about Portuguese legislation on terrorism, Mr. Amor said. The measures taken by the State party should be compatible with the provisions of the International Covenant.