Corruption

Corruption was one of the core concerns of the Committee. Referring to some of the high-profile corruption scandals in Portugal, the Committee requested clarification on the situation, including whether the public and government were tolerant of the issue.

The Delegation noted that the Portuguese legislative framework had been strengthened by ratifying the Optional Protocol to the Convention on Corruption, in line with other States in the Council of Europe. Additionally, the State established a Governmental Code of Conduct which prohibits government members from accepting offers from private entities 2016 and developed a national strategy to enforce these measures. The Delegation noted that corruption is an issue of frustration for the whole country – and that as one would understand, no country wants to be governed by a ruling class that saw themselves as sitting outside of the rule of law. 

Use of force by law enforcement officials

The Committee also raised concerns at the use of excessive force by law enforcement officials, citing reports of widespread allegations while the level of convictions for force-related offences remains low. The Committee also noted its concern that excessive force is being applied on a racial basis. 

The Delegation argued that they have strict rules regarding coercive weapons for law enforcement officials in the field as well as in prison establishments. The delegation reiterated that they have a strong disciplinary process in place, and exercise strict control and oversight over law enforcement. All allegations of excessive use of force are investigated, including special procedures at the regional level, and criminal proceedings often run in parallel. The delegation agreed that the conviction rate appeared low, however noted that at this time, there are 18 court decisions pending at the State level.

Conditions of Detention

The Committee expressed concerns regarding prison overcrowding in Portugal. Acknowledging the State party’s efforts taken to reduce pre-trial detention, the Committee queried what effective remedies were available to those in detention, how their mental health is cared for, and in particular to respond to allegations that minors were being placed in solitary confinement. 

On the issue of mental health, the State party noted that they now have 14 psychologists employed to service the prison population, and that they are upscaling their recruitment efforts in this area. The Delegation also noted that only in extremely exceptional circumstances, solitary confinement may be used up to 21 days however in practice confinement generally did not exceed 15 days. Further, the Delegation noted that while the law in Portugal provided no distinction for age, in practice a discretion was applied for minors. On the issue of historical accusations of ill-treatment in detention, the Delegation expressed frustration at the evidential challenges with some claims relating to treatment over 20 years ago, to which there appeared no immediate solution. 

Gender based violence – structural improvements?

While noting there have been improvements, the Committee raised concerns that gender-based violence is still structural in nature and noted that in a society sometimes described as ‘patriarchal’, there appears to be a culture of acceptance. The Committee requested specific details of messaging provided to perpetrators, education provided to all on gender-based violence and measures being taken to protect those most at risk. 

The State delegation noted that the Directorate-General has prescribed a programme specifically for aggressors of sexual and gender-based violence, to promote awareness and reduce or eliminate re-offending. With respect to victims, the State has a broad national network to support victims free of charge – including specific shelters for women with disabilities and mental health problems. The delegation noted that these support networks are strategically placed throughout the country to service at risk areas, and that over 34% of the country had effective cover.

The Delegation noted that while structural inequities remain, Portugal has been working a national strategy for the elimination of discrimination and addressing gender stereotypes since the 1970s, and is committed to continuing this work. 

Migration - refugees, asylum seekers and allegations of human trafficking

While acknowledging that it remained a Europe-wide issue, the Committee queried whether Portugal had sufficient capacity at its borders to process asylum requests, in particular referring to allegations of overcrowding at Portuguese airports and nearby processing centres. Additional concerns of prolonged detention at the border were also raised, especially with respect to vulnerable populations such as children and minorities.

The State party advised that they follow other European countries and have strong protections in place at the border. They noted that under Portuguese law, applicants for asylum can be housed in temporary detention centres (such as the one adjacent to the International Airport) if they do not qualify for admission into the country under certain approved tracking measures. Any application for asylum is processed and communicated within 7 days, however if international protection is denied and the claim is appealed, they may remain in detention up to 60 days. Regarding allegations of overcrowding, the Delegation noted they were actively reviewing the situation and as a result have opened an additional centre to house 80 asylum applicants. 

Recommendations of the Human Rights Committee

The State party was requested to provide, by 26 July 2021, information on the following recommendations from the Committee’s Concluding Observations:

Trafficking in Persons

The State party should:

• Ensure that cases of trafficking are thoroughly investigated, those responsible are prosecuted and, if found guilty, are sentenced appropriately, and victims are provided with full reparation and appropriate protection and assistance
• Provide adequate training to judges, prosecutors, law enforcement officials, immigration officers and staff working in all reception facilities, including on procedures for identifying victims of human trafficking
• Ensure that victims of trafficking have access to asylum procedures in which their potential needs can be determined.

Unaccompanied Minors

The State party should:

• Ensure that children and unaccompanied minors are not detained, except as a measure of last resort and for the shortest appropriate period of time, taking into account their best interests as a primary consideration with regard to the duration and conditions of detention and their special need for care.
• Ensure that the physical conditions in all immigration detention and reception centres are in conformity with international standards.
• Ensure that guarantees are in place to protect child asylum seekers, in particular unaccompanied children, ensuring that they have access to adequate education, health, social and psychological services and legal aid and are provided with a legal representative and/or guardian without delay.

Pre-trial Detention

Recalling its previous recommendations, the State party should:

• Take further steps to ensure that pretrial detention is used only as a measure of last resort and for the shortest possible time, in line with the provisions of the Covenant, and that it is reviewed on a regular basis.
• Continue promoting non-custodial alternative measures and apply the measures in a systematic manner and reduce the length of investigations and legal procedures to improve judicial efficiency.