
Portugal
Capital city — Lisbon
Country population
i01/01/2023/ Council of Europe, SPACE I Report 2023, table 3.Incarceration rate (per 100,000 inhabit…
i01/06/2024Type of government
Human Development Index
0.866(38/191)
iHomicide rate (per 100,000 inhabitants)
Name of authority in charge of the pris…
Total number of incarcerated people
i01/06/2024Average length of imprisonment (in mont…
i2022/ Council of Europe, SPACE I Report 2023, table 31.Prison density
i01/06/2024Total number of prison facilities
i2021An NPM has been established
Female prisoners
i01/06/2024Incarcerated minors
i01/06/2024Percentage of untried prisoners
i01/06/2024Death penalty is abolished
Prison Life Index
The evaluations measure the violations of prisoner rights by the State. They are based on extensive desk research and expert evaluations. Please refer to the methodology to find out how the Prison Life Index data is collected, sorted, and aggregated.
The data and information for Portugal were collected between October 2023 and December 2023.
Eating, sleeping, showering
Food
People in prison have access to drinking water
People in prison have access to food
Private companies prepare the food that people in prison eat every day. In 2018, the companies were paid 3,20 euros per person and per day. Both the quality and the quantity of the food do not meet dietary standards. Meals are mainly constituted of carbs with small portions of fresh produce. People in prison can access special ‘diet meals’ upon recommendation of a health worker. Special diets according to religious or spiritual beliefs are generally not provided. People in prison can buy food at the commissary. Their loved ones can bring them food within the limits of 1kg or 2kg on specific occasions like their birthdays.
Accommodation
People in prison have sufficient living space
People in prison can sleep in good conditions
The premises are in good condition, clean and accessible
According to both the General Regulations of Penitentiary Institutions (Regulamento geral dos estabelecimentos prisionais)) and the Code for the enforcement of custodial sentences and measures (Código da execução das penas e medidas privativas da liberdade), people in prison should be held in individual cells. In practice, individual cells are rare, and people held in collective cells do not benefit from the minimum living space.
In July 2023, the occupancy rate of Portuguese prisons is of 98%. However, 25 of the 49 prisons operate at more than 100% of their official capacity, such as Lisboa (117%), Porto (142%), Aveiro (135%) or Faro (164%). In 2019, a decision of the European Court of Human Rights ruled against Portugal based on the violation of article 3 of the European Convention on Human Rights, stating that the material conditions of detention in Pinheiro da Cruz and Oporto prisons amounted to ‘inhuman and degrading treatment’.
Most Portuguese prisons are old, and not suited for accommodating people in decent conditions. In these facilities, the temperature in the cells is not regulated. There is an important level of humidity, with mold observed on the walls. After its visit in 2019, the European Committee of the Prevention of Torture (CPT) stated that the premises in Caxias prison were ‘filthy, dark, damp’. In the South section, 14 persons were held in a 33m2 cell in which ‘windows did not close, ventilation was poor and the temperature in the cell cold’. Sources indicate that infrastructures are not adequate for people with disabilities, who often rely on informal help from other incarcerated people.
The prison administration generally does not provide cleaning material. Sources indicate that people in prison are often not allowed to receive them from their loved ones and have to buy them at the prison commissary.
Personal hygiene
Adequate sanitary facilities allow people in prison to maintain their personal hygiene
People in prison have access to personal hygiene products
People in prison have access to clothing
The General Regulations of Penitentiary Institutions (Regulamento geral dos estabelecimentos prisionais) specifies that ‘accommodation spaces should include a washbasin and toilet or equivalent’. In practice, showers are located outside the cells. People in prison can shower once a day. Hot water is not always available. Toilets are located in the common areas, more rarely inside the cells.
Upon admission, according to the General Regulations of Prisons Establishments, people in prison are delivered a set of products to meet their basic hygiene needs. The practice falls short, and people must buy products to maintain their hygiene at the commissary, where prices are higher than outside.
People in prison can wear their own clothes. The prison administration should provide clothes to those who do not own decent ones (Article 42, Decree 51/2011). This requires going through a lengthy process: people in prison need to prove to the prison administration that they do not have the financial ability to purchase clothes and that their loved ones cannot provide for them either. Therefore, they mostly rely on donations from other incarcerated persons or charity organisations to obtain clothes.
Medical care
Preventive framework
A disease transmission risk reduction programme is in place
People in prison have access to health awareness and information programmes
Screening programmes make it possible to diagnose people with contagious diseases
Equipment and infrastructures limiting the risk of disease and infection transmission are available
Vaccination programmes are organised
People in prison receive a medical examination upon admission
The preventive framework in place is not comprehensive. Screening and vaccination programmes implemented are similar to those available outside. Prevalent diseases in prisons such as tuberculosis or hepatitis B and C are not specifically targeted. The infrastructure of Portuguese prisons makes it difficult to isolate people with contagious diseases, especially where overcrowding is observed.
People in prison receive upon entry a medical examination, which should take place 24 hours after their admission. In practice, the European Prison Observatory noted in 2019 that this delay was not always respected and that people in prison could wait up to several months before undergoing such initial examination. Moreover, it is not comprehensive, and signs of prior ill-treatment are often not recorded.
General health care
Access to general health care is quick and consistent
Health workers are qualified and independent
Adequate health infrastructures are available
General health care is provided within the health unit of each prison. It is generally furnished with basic equipment. People in prison can wait several months before seeing a doctor. Medications are only provided between 5 p.m. and 6 p.m. and must be taken immediately, disrupting people in prison’s daily life for those taking sleeping pills.
Mental health and dental care
Access to mental health and dental care is quick and consistent
Mental health and dental care workers are qualified and independent
Adequate mental health and dental care infrastructures are available
The health staff is usually composed of nurses and doctors. There are fewer mental health and dental care workers available. After its visit to Tires women prison in 2022, the European Committee for the Prevention of Torture (CPT) wrote: “There were two recently recruited visiting general practitioners with a weekly presence of only 8 hours each. Other visiting staff included a gynaecologist (for 12 hours per week), a dentist (for 10 hours per week), a dental prostheses technician (for 4 hours per month), a nutritionist (for 2 hours per week) and a medical assistant responsible for sterilising medical equipment (for 3 hours per week). Mental healthcare services relied on a psychiatrist (for 10 hours per week) and 2 psychologists (one was working full time; the other was present for 15 hours per week).” Health workers are directly employed by the prison administration and cannot act in full independence. This is reinforced by medical practitioners’ contracts, being usually short term and rarely full-time. There is one hospital prison in Portugal: São João de Deus Prison Hospital, in Caxias.
Care for people with specific needs
People experiencing gender transition can access the necessary care
Elderly people can access the necessary care
Children can access the necessary care
Women can access the necessary care
People with communicable diseases can access the necessary care
People with addictions can access the necessary care
People with mental illnesses or psychiatric disorders can access the necessary care
People with physical disabilities can the access necessary care
No specific care is provided for elderly people, even though they represent an important part of the prison population.
Women face delays in accessing gender-specific care. In the women’s prison Santa Cruz do Bispo prison, they can consult a visiting gynaecologist or go to consultations at the local hospital. In Tires prison, the CPT reported after its visit in 2022 that a woman had been waiting 10 months to see a specialist.
There are very few programs available to accompany people with addictions. They can be provided with methadone through opioid agonist therapy.
People suffering from mental illnesses can be accommodated in the Psychiatric Hospital of Santa Cruz do Bispo Prison. In 2018, The CPT considered that this facility could not “provide a therapeutic environment for the care and treatment of psychiatric patients”. Cases of people in prison forcibly medicated with pre-authorised “SOS-medication”, a mixture of antipsychotic and antianxiety medicine, have been reported. This practice, amounting to chemical restraint according to the CPT, also takes place in other prisons where health workers and guards are not trained to properly respond to the needs of people suffering from mental illness.
Continuity of care
People in prison can continue the health care or treatments started before admission
An individual medical file is opened upon admission and is accessible to the patient
Continuity of care is not ensured. Health workers cannot access the National Health Service (Serviço Nacional de Saúde) database. No integrated procedure allows for the communication on previous treatment prescribed to people in prison. A medical file is opened upon entry for each person but is not filled nor updated consistently. People in prison and lawyers who require access to this file can face difficulties.
Being protected
Legal safeguards
People in prison can access legal assistance
People in prison are able to notify a third party in the event of detention, transfer, serious illness or injury
Each person in prison has a confidential file in the official, complete and up-to-date registers
People in prison have access to the internal regulations of the facility they are held in
In Portugal, penitentiary matters do not fall into the legal assistance provided by lawyers. Most people in prison cannot afford private lawyers and are appointed public ones, whom they sometimes meet only shortly before the hearing.
Upon entry, an official file is opened for each person in prison. It contains information on their civil and administrative status, the name of their contact person, etc. It should include information related to the imposition of disciplinary measures, such as placement in solitary confinement. Sources indicate that the information is not consistently filed nor standardised. This arbitrariness is a cause of concern for people in prison since these files are used by the judge when examining probation requests.
People in prison are not informed of the internal regulations of the facility through official means. These regulations can generally be consulted in the library of the prison. Visiting rules are often displayed in common areas. Incarcerated persons usually learn about internal regulations through informal communication.
Physical and psychological integrity
There is a comprehensive preventive and protective framework
The disciplinary system set out by public regulation is proportionate and appropriate
The different categories of people in prison are placed in separate facilities or wards
The working and training conditions of prison staff contribute to the preventive framework
The preventive framework is effective
People in prison are not subjected to physical harm
Discipline is enforced in a proportionate way
People in prison are not subjected to abusive, cruel, inhuman or degrading treatment
The disciplinary system is set out within the General Regulations of Penitentiary Establishments (Regulamento geral dos estabelecimentos prisionais) and the Code for Execution of Sentences and Measures of Deprivation of Liberty (Código da execução das penas e medidas privativas da liberdade).
The separation of different categories of people in prison is not effective. People awaiting trial and those serving sentence are often held together. People in situations of vulnerability are not systematically protected. During its visit in 2022, the European Committee for the Prevention of Torture (CPT) noted that transgender women were not always accommodated in the prisons according to their gender identity.
In 2022, the Ombudsman (Provedor de Justiça, PJ) indicated that shortage of staff continued to be an issue in prisons. Moreover, there is a high absenteeism rate among the staff. The same year, in Setúbal prison, the PJ noted that 15 of the 65 guards had been on sick leave for more than three years. The initial training provided to prison guards is insufficient. Once entering on duty, only a small number of training programmes are offered. Prison guards themselves have expressed to the PJ that they lacked training on stress and conflicts management.
People in prison can be subjected to physical harm. The CPT noted during its 2022 visit to Tires and Santa Cruz do Bispo prisons that “episodes of inter-prisoner violence appeared to occur regularly, though not equally across units.”
There are frequent occurrences of disproportionate use of force, abusive recourse to body and cell searches and isolation measures. The use of coercive means, like handcuffs, should be systematically followed by the opening of an enquiry. Considering the low number of cases opened in 2022 (82), the PJ concluded in its activity report that this obligation was not complied with. Various cases of ill and degrading treatments have been reported in 2022: verbal (threats, racists insults), physical violence (kick, slaps, punches).
At Lisbon central, Tires and Santa Cruz do Bispo prisons, several incarcerated persons have been physically assaulted by guards. Moreover, the European Court of Human Rights has condemned Portugal in 2019 and 2020 over a violation of the article 3 of the European Convention on Human Rights stating that the conditions of detention in several prisons “may amount to inhuman and degrading treatment”.
Complaint, appeal and inspection measures
Inspection mechanisms are in place
Internal or administrative inspections are carried out regularly by the central administration
External inspections are regularly carried out by independent bodies
The complaint and appeal mechanisms are effective
In the event of an offense committed against a person in prison, the response of the institution is effective
People in prison, their legal assistance or their loved ones can file a complaint
The Audit and Inspection Service (Serviço de Auditoria e Inspeção da Direção-Geral de Reinserção e Serviços Prisionais), which belongs to the Directorate-General of Reintegration and Prison Services, and the General Inspection of the Ministry of Justice (Inspeção Geral dos Serviços de Justiça) are entitled to conduct visits. In practice, sources report that these internal inspection mechanisms are barely operating, and no public reports nor cases enquiries have been produced.
Portugal has ratified the United Nations Optional Protocol for the Convention against Torture on January 15, 2013. In May 2013, a resolution adopted by the Council of Ministers of Portugal designated the Ombudsman (Provedor de Justiça) as National Prevention Mechanism. It officially started to operate in March 2014. Since October 2021, the NPM is an independent department of the Ombudsman’s office, composed of a coordinator and two full-time advisors. It published an annual report and carried out 18 visits to prisons in 2022.
Boxes have been placed in accessible common areas for people in prison to lodge their complaints. They can also raise complaints to the Ombudsman or to a local association, such as the Portuguese Association for Prisoner Support (Associação Portuguesa de Apoio ao Recluso), as well as their loved ones. The response of the institution is insufficient. The lack of confidentiality, length of procedure and fear of reprisals also prevent people in prison and their loved ones from lodging complaints.
In 2022, in the Monsanto prison, only one of the complaints raised during the year had received a response within the regulatory deadline of 30 days. Among these, an inceracerated person raised a complaint for having been beaten up by a guard. The NPM found that, two months later, still no investigation nor hearing had been put in place.
Being active
Work
Every person in prison can access a job
People in prison who work receive equitable remuneration and are free to use at least part of their earnings
People in prison work in good conditions
People in prison have access to a diverse range of qualifying jobs that are not more dangerous or arduous than work outside the prison
People in prison can work for external entities under the supervision of the prison administration. They can also be employed directly by the prison services, “restricted to internal tasks such as cleaning, canteen work, cooking, laundry […] the library or barbershop.” Only people under open regime on the outside (Regime aberto no exterior) are allowed to work outside. Work opportunities have decreased since the pandemic.
People in prison who work receive a salary significantly lower than those in the general population. In Tires prison, individuals working for a private company six hours a day earn about 70€ monthly. For reference, the national minimum wage is fixed at 760€ per month. People working for external entities should be subject to the “general regime” of employment (Article 43, Decree 115/2009). As of 2022, this provision of the law had not been approved by the Parliament.
It is difficult for people awaiting trial to access work. People under solitary confinement and confinement in cells (POA, permanência obrigatória no alojamento) cannot work.
Training and education
People in prison have access to vocational training
People in prison have access to education
Vocational training is provided by independent civil society organisations. It includes activities like driving machinery or gardening. They are recognised by accredited qualifications. In December 2022, 10% of the 12,383 people in prison were involved in vocational training (representing 1,196 persons).
The offer highly varies across the country and has significantly decreased since 2020. In Caldas da Rainha prisons, the Ombudsman reported in 2021 that no activities had been organised since 2019, when the ceilings of the rooms usually dedicated to host activities had fallen. In addition to the lack of spaces, the Justice Protocol Centre establishes a minimum of 16 trainees to set up classes, which is difficult to reach in small prisons.
People regularly attending vocational training should be awarded a grant. Attendance to educational training class should also be remunerated. These provisions from the Code for the enforcement of custodial sentences and measures (Código da execução das penas e medidas privativas da liberdade) have, in practice, never been applied.
Education is provided by teachers attached to the National Public Education system. People in prison can access secondary level classes. During its visit at Tires prison in 2022, the European Committee for the Prevention of Torture (CPT) noted that only Portuguese and resident person could access formal education. Other incarcerated individuals were offered Portuguese language classes. In December 2022, 22% (2,684) of all people in prison were involved in education activities.
Cultural, sporting and spiritual activities
People in prison spend at least one hour per day in the open air
People in prison have access to recreational and cultural activities
People in prison have access to a library
People in prison can participate in recreational and cultural activities
People in prison have access to physical and sporting activities
People in prison can practice their spirituality
People in prison have the right to spend at least two hours in the open air. Depending on their regime, most people in prison spend several hours a day out of their cells, in the open air or in the corridors. This time can be reduced to a minimum of one hour a day for disciplinary reasons.
According to the General Regulations of Penitentiary Institutions (Regulamento geral dos estabelecimentos prisionais) the prison administration is responsible for organising cultural events at least quarterly. In practice, recreational and cultural activities are rarely organised. This varies from one facility to another, according to the resources available and the relationship with civil society organisations.
The prison administration does not guarantee equal access to activities for people serving sentences and those awaiting trial. In Lisbon Judicial prison, the CPT reported that no activities were offered to people awaiting trial even though some of them had been detained for more than 18 months in the facility.
Physical activities are not often organised. Prisons are equipped with gyms. Nevertheless, these gyms are too small for the overcrowded prisons and the equipment can be in poor condition. In its activity report of 2022, the Ombudsman found that there was no gym in Covilhã prison. In Setúbal prison, the gym was closed “due to lack of conditions”.
Being connected
Connection to loved ones
People in prison can correspond in writing with their loved ones
People in prison can talk with their loved ones on the phone
People in prison can receive visitors
People in prison may be granted temporary leave to visit their loved ones
Measures are in place to guarantee the best interests of children of an incarcerated parent
The Code for Execution of Sentences and Measures of Deprivation of Liberty (Código da execução das penas e medidas privativas da Liberdade) recognises the right for people in prison to correspond in writing and make phone calls, “at their own expense”. Each person can call any person from a pre-authorised 10-person list. In practice, they are allowed to call up to five minutes per day at the end of which communications are automatically cut.
The General Regulations of Penitentiary Institutions (Regulamento geral dos estabelecimentos prisionais) provides for the installation of phones located inside the cells. This follows a pilot programme implemented in 2020-2021 in Linhó, Odemira, Leiria, Santa Cruz do Bispo and Caldas da Rainha prisons.
People in prison can receive visits twice a week. They can last one hour each maximum; three visitors being allowed at once. Six months after admission, they can request extended visits on special occasions, up to two hours maximum. People under a stricter regime are not entitled to extended visits. People placed in solitary confinement see their visitations rights suspended for the duration of their isolation.
Visits are most likely to take place in big common open areas, allowing limited privacy. In 2018, people at Monsanto maximum security prison had to meet their loved ones in parlors equipped with separation devices. People are not always held in prisons close to their loved ones. Women are particularly impacted, as only seven out of the fourty-nine prisons in Portugal can accommodate them.
Incarcerated people are allowed to request temporary leave for family reasons. In practice, such leaves are difficult to obtain, except in the case of funerals.
The Portuguese law provides the right for a parent in prison to keep their children with them until the age of three (or five in case of specific health reasons). This law is gender neutral. In practice, only women can exercise this right.
Connection to society
People in prison have access to information and various media
People in prison who have retained their right to vote may vote
According to the Code for the enforcement of custodial sentences and measures (Código da execução das penas e medidas privativas da Liberdade), people in prison “should be given the opportunity to keep themselves informed”. They can purchase their own television and watch the four public Portuguese channels without additional fees. They can also buy a radio. Newspapers and magazines are available in common areas such as libraries in some prisons. Means of information are mostly available in Portuguese.
People in prison who have retained their right to vote can participate in elections through an early-voting procedure. Participation is possible only upon request. The votes are cast directly from prison. In 2022, 30% of the people in prison participated in the legislative elections (2.871 votes).