CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Resolution No. 43 /XII/1.

1

PR 358/2012

2012.07.12

The Convention against Torture and Other Cruel, Inhuman or Punic Treatment or Punishment

Degraders, adopted by the General Assembly of the United Nations, on December 17,

1984, it was approved, for ratification, by the Resolution of the Assembly of the Republic No 11/88,

of May 21, and ratified by the Decree of the President of the Republic No 57/88 of 20 of

July, having entered into force for the Portuguese Republic on March 11, 1989,

as per Notice published in the Journal of the Republic, I Series, para. 128, of June 5, 1989.

The Portuguese Republic signed, on February 15, 2006, the Optional Protocol to the

Convention against Torture and Other Cruel, Inhuman or Punic Treatment or Punishment

Degrading, which was adopted by the General Assembly of the United Nations in New York,

on December 18, 2002.

The Optional Protocol provides for the establishment of an independent international mechanism, the

Subcommittee for the Prevention of Torture, with competence to carry out visits to places of

detention in the territory of States Parties, committing these to receive the members

of the Subcommittee without a need for permission or prior invitation. The Subcommittee will have, of

agreement with the provisions of the Protocol, open access to all sites and facilities of

detention and the information relating to them, as well as the treatment provided to the

detained.

In parallel, the States Parties are, pursuant to the Protocol, obliged to " maintain,

designate or establish " one or several independent national mechanisms for the

prevention of torture at the internal level, which will have competence to examine

regularly the treatment of private persons of freedom in places of detention,

make recommendations addressed to the competent authorities and submit proposals and

observations in respect of the current legislation.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Resolution No. 43 /XII/1.

2

The States Parties shall have one year, after the entry into force of the Protocol in their

legal order, to designate the respective national mechanisms.

Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

Approve the Optional Protocol to the Convention against Torture and Other Penas or

Cruel, Inhuman or Degrading Cruel treatments adopted by the General Assembly of the

United Nations, in New York, on December 18, 2002, the text of which, in the version

authenticated in the English language, as well as the translation respect for the Portuguese language, if

publish in attachment.

Seen and approved in Council of Ministers of July 12, 2012

The Prime Minister

The Minister of State and Foreign Affairs

The Deputy Minister and Parliamentary Affairs