PORTUGAL

CONFIDENTIAL

Report by HM Embassy, Lisbon

General Observations

The adoption of a new constitution and the installation of a democratically elected government have led to major improve- ments in the Portuguese record on Human Rights. The old regime acquiesced in imprisonment without trial and maltreatment of prisoners, although its reputation was often worse than the facts justified: when prison gates were opened after the 1974 Revolution, only 150 political prisoners were found. As post- revolutionary provisional governments moved further to the left, detention without trial increased, and when the leftward trend was reversed on 25 November 1975, it was estimated that some 3,000-4,000 people were held. A recently published official Portuguese report presents detailed evidence of the maltreatment of political prisoners during the period between April 1974 and November 1975. 1976 saw great improvements, and the discrepan- cies between constitutional theory and day-to-day practice are gradually being eliminated.

Comment by Southern European Department

Portugal is still going through a transitional period in terms of remedying past contraventions of human rights and re- placing former authoritarian institutions (of both right and left) by the new democratic institutions and impressively liberal- provisions on democratic rights set out in the 1976 Constitution. It is not possible to give Portugal a completely clean bill of health until the absence of adverse symptoms has lasted a little longer, but the trend is very much in the right direction.

Right No.

(i)

(ii)

(iii)

In principle imprisonment without trial does not now exist; in prac- tice there are still about 5 mem- bers of the old secret police (PIDE) still awaiting trial. The laboriousness of judicial proced- ures means that suspects are held in custody longer than is desira- ble.

Rating suggested by Post

There have been no reports of tor- ture since the end of 1975. Dis- ciplinary action is now being taken against police and military officers who practiced torture under previous governments.

Slavery does not exist.

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CONFIDENTIAL

/(iv)

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