National Republican Guard. MNP publishes thematic report on detention conditions and procedures
The National Prevention Mechanism (MNP), which works under the auspices of the Ombudsman, is today publishing a thematic report [link] on detention conditions and procedures at National Republican Guard (GNR) territorial posts, following visits over the last two years.
The report, which has already been presented to the Guard Inspectorate, outlines the MNP’s main concerns about material conditions and detention procedures, identifies good practices and addresses aspects that affect the working environment of GNR militaries.
In May 2023, the MNP published another thematic report, this time on detention conditions and procedures in commands, police stations and other units of the Public Security Police.
Material conditions. Although most of the detention centres comply with the regulations, there is a general lack of video surveillance systems. In some of the stations visited, it could be seen that the detention process took place in the same place as the public service, and it was not possible to ensure the privacy of the detainee.
Arrest procedures. When the documentary record of arrests was analysed, irregularities and inconsistencies were observed, some of which were due to the functioning of the Integrated Police Operational Information System (SIIOP), the in-house platform. For example, the field for recording the detainee’s injuries is not compulsory. In some posts, no record was kept of people who had been deprived of their liberty because they had been arrested by soldiers from other posts.
Duty to report to the Public Prosecutor’s Office. The MNP also noted that not all military personnel are unequivocally aware that they have a mandatory duty to report all evidence or complaints of ill-treatment to the Public Prosecutor’s Office, even if the latter may seem unfounded.
To read the full report read here [in Portuguese only].
The Ombudsman as NPM
In 2012, Portugal ratified the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and was obliged to set up an independent national mechanism for the prevention of torture. This mechanism began operating in 2014, under the supervision of the Ombudsman.
The NPM is responsible for examining, through regular unannounced visits, the treatment of persons deprived of their liberty in places of detention, making recommendations to the competent authorities with a view to improving the treatment and situation of persons deprived of their liberty and preventing torture and other cruel, inhuman or degrading treatment or punishment, and presenting proposals and observations on current or draft legislation on the matter.
The MNP visits prisons, educational centres for young people in detention, temporary settlement centres for foreigners (and similar spaces), police station cells and courts, as well as psychiatric inpatient units. To find out more about the Ombudsman’s work as an MNP, click here.
