Overview

Name of authority in charge of the prison service

Ministry of Justice (DGRSP)

Budget of the prison service

238395085

i
2018
/ Ministry of Justice "Justice File 2018", 2017, p. 30.

Percentage of the ministerial budget allocated to the prison service

17.2 %

i
2018
/ Ministry of Justice "Justice File 2018", 2017, p. 28.

The prison service outsources the management of the facilities to private companies, either partially or fully

yes

Prison management is the responsibility of the DGRSP. The delegation of management is sometimes granted, particularly for catering and health services.
The Santa Cruz do Bispo Special Penitentiary Establishment for Women is under delegated management as part of a pilot project. The Santa Casa da Misericórdia do Porto charity is responsible for the management of health services, catering, maintenance, spiritual assistance, education, and professional training. The DGRSP retains management of the establishment, its security (prison staff), and the prison registry.

The Portuguese prison administration is placed under the responsibility of the General Directorate of Reintegration and Prison Services (DGRSP). Sentences, whether custodial or not, have been managed by a single directorate since 2012 (legislative judgment no. 63/2012).

There are three detention regimes:

  • The ordinary regime

  • The open regime

  • The security regime

Article 12 of the Code for the execution of sentences and custodial measures lays out the terms and characteristics of each regime.
Persons placed in ordinary regimes serve their sentences in high-security establishments or neighbourhoods. Activities and community life take place inside the penitentiary establishment. Persons placed in open regimes serve their sentences in medium security establishments or neighbourhoods. Getting closer to the outside community is encouraged. The open regime has two forms/formats:

  • The “open regime on the inside”. Activities take place inside the establishment (or its immediate vicinity) and are subject to direct and continuous surveillance.

  • The “open regime on the outside”. Activities take place outside of the establishment and do not require surveillance.

Persons placed in security regimes serve their sentences in “special” security establishments or neighbourhoods [(see ‘The real estate park’ section)]. Daily life, activities, and links with the outside world are limited. The re-evaluation of this placement takes place every six months (three months for youth under the age of 21). The decision to place, maintain or terminate it rests with the director of the DGRSP.

The authorities publish official statistics on prison population

every 15 days

The prison service has a computerised record keeping system

yes

Total number of prisoners

12,795

i
15/01/2019
/ DGRSP

Variation in the number of prisoners

increase

Number of people serving non-custodial sentences

33,143

This number represents 71% of sentences carried out at that time.

i
2017 annual statistical report, p. 15.

Incarceration rate (per 100,000 inhabitants)

127

i
15/07/2019
/ ICPR

Number of admissions

4,876

i
2018
/ DGRSP

Number of releases

5,449

i
2018
/ DGRSP

Average length of imprisonment (in months)

32

i

Prison density

99.7 %

i
01/03/2019
/ ICPR

Overcrowding is an issue for specific types of prison facilities

yes

Overcrowding affects average-complexity establishments.

  • High-complexity establishments held 10,262 people in November 2018. There are 21 of them. The occupancy rate of these establishments is 96.2%. In November 2018, average-complexity establishments, held 2,672 people. There are 27 of them. The occupancy rate is 109.6%.

    i
    2018
    / General Directorate of Reintegration and Prison Services, "[Biweekly statistics by type of establishment] (https://dgrsp.justica.gov.pt/Estat%C3%ADsticas-e-indicadores/Prisionais/2018-Quinzenais)"

The country has been condemned by an international court for its prison overcrowding

no

Neither the European Court of Human Rights, nor any other international body, has ruled against Portugal on prison overcrowding or detention conditions.
Some individuals have recently complained, on the basis of Article 3 of the European Convention of Human Rights (prohibition of torture), about the material conditions of their detention 1. These complaints have been addressed and the Portuguese government has paid compensation to the individuals (between 4,500 and 14,000 euros).


  1. See, for example, Bokor vs. Portugal, Dragan vs. Portugal, Butuc vs. Portugal, Dumitru vs. Portugal and Patenaude vs. Portugal. 

A supervisory body has issued a decision on prison overcrowding

yes

The NPM and the Ombudsman regularly comment on overcrowding in the establishments concerned. Prison overcrowding has been systematically addressed in NPM reports. CPT reports also address overcrowding.

The DGRSP distinguishes between two types of penitentiary establishments according to the criteria of “management complexity”:

  • High complexity establishments

  • Average complexity establishments

Management complexity is defined by the level of security – special, high, or medium – the programmes implemented, the characteristics of the population, and the number of people held there (circular no. 13/2013).

The Leiria school prison houses minors and young adults. There are eight educational centres for minors aged 12 to 16 who are sentenced to educational measures [(See Minors section)].

Total number of prison facilities

49

i
2019

Total official capacity of the prison facilities

12,934

This number does not include the places in psychiatric facilities.

i
2019
/ DGRSP

Variation in the capacity of the prison facilities

decrease: 1%

13,064 spots were recorded in 2018.

i

The size of Portuguese prisons varies depending on the type of establishment. Average complexity prisons have up to 350 spaces. The Cadeia de Apoio da Horta (Horta support prison), administratively attached to the Angra do Heroísmo prison, is the smallest prison (17 spaces). High complexity prisons range from 169 (Súbal prison) to 887 spaces (Lisbon prison).

Prison facilities are accessible by public transport

yes

The majority of prisons are located in town centres.

Number of prison guards (FTE)

4,336

13.8 % of positions are held by women (597 female supervisors).

i
31/12/2018
/ DGRSP

Guard to prisoner ratio

1:3

i
31/12/2018

Number of socio-educational workers (FTE)

880

i
31/12/2018
/ DGRSP

The prison staff is represented by (a) union(s)

yes

The Sindicato Nacional do Corpo da Guarda Prisional (National Union of the Prison Guard Corps) is the majority union.

Access to the prison guard profession is subject to a competitive examination and training. This comes under the authority of the Ministry of Justice Prison guard statute. The training includes theory and practice and lasts six months, interspersed. Competitive examinations are open to candidates who satisfy the following requirements:

  • Portuguese nationals

  • Between the ages of 21 and 28 during the year of the exam

  • Height of at least 1.60 metres for females and 1.65 metres for males

  • The equivalent of a secondary education diploma has been obtained (usually at the end of compulsory education up to the age of 18)

  • No criminal record

  • “Good physical condition”

  • Up-to-date with compulsory vaccinations

The different roles of prison administration staff are as follows:

  • Prison guards (Corpo da Guarda Prisional - CGP), constituting the majority of personnel (63.2% in 2017)

  • Administrative personnel (IT, registrar, bursar…)

  • Educational personnel

  • Medical personnel

  • Management 1


  1. General Directorate of Reintegration and Prison Services, “Activity and self-assessment report 2017”, 2018 p. 393-394.