“They leave with an electronic bracelet whenever possible. So far we have not been able to quantify it. There are many people like these who are not justified, because they have already had other outings in which they have not been monitored. It is mandatory to be at home,” he said, stressing that they have this obligation, without the need for control, as “any other Portuguese citizen who is confined to the home”.
Among the released prisoners, those accused of sexual abuse, homicide, domestic violence, mistreatment, criminal associations, crimes against political or security forces will not be found. “It would not be acceptable for the community to leave now,” said the minister.
These measures do not apply, however, to pre-trial detainees, whose lawsuits will continue to run. “The courts are open and will continue to function,” he explained. “In principle, any magistrate who has in his hands a process with prisoners knows that this is an urgent process, so he will do everything so that the procedures are ready before the period of preventive detention of the accused ends.”
Regarding the prisoners’ reaction to the measure, Francisca Van Dunem says that she does not expect revolts. “We think that the prison population understands that we are removing part of the prisoners to protect others. We had to have a solution here. We were seeing what happened in other countries, what happened in homes,” he said, saying it was essential “prevent someone from taking the infection inside the establishments”.
Still in the field of preventive measures, it will not be possible to guarantee individual cells, but more space will be opened. “In order to have a prisoner per cell, we would have to release more than half of the prison population,” he stressed.
With regard to interactions with the outside world, prisoners will continue to receive no visits, but they may already receive clothing and food that is directed to them, contrary to what initially happened, since during that period there was no guarantee that contamination could not be served that way.
For the minister, the most important thing at the moment is to guarantee the least possible number of contagions and deaths, in order to recover the lives of the Portuguese.
Forgiveness of sentences, pardons and parole will reduce prisoners
The Government today decided to propose a pardon for sentences of up to two years in prison, a special pardon regime, the anticipation of probation and administrative exits, protective measures against the pandemic by inviting 19 in jail.
In a statement, the Ministry of Justice considers that the four proposed measures are “fundamental to protecting” the health of prisoners and all those who exercise functions in the prison system, namely prison guards, health personnel and social rehabilitation workers.
According to the draft law on prisons, which will be submitted to the Assembly of the Republic, prisoners with sentences of up to two years in prison will be able to see them pardoned, as well as those whose period of time remaining to be equal to or less than two years.
However, the ministry emphasizes, forgiveness “does not cover the most serious crimes, namely, homicide, domestic violence, mistreatment, crimes against sexual freedom and sexual self-determination, qualified theft, criminal association, corruption, money laundering, fire and trafficking. narcotic drugs (except for less serious trafficking).
Outside the pardon of the penalty are also the crimes committed by the holder of political office or of high public office, in the exercise of functions or because of them, the police and security forces, or employees and guards of the prison services, in the exercise of their functions , involving violation of citizens’ rights, freedoms and personal guarantees.
However, this remission of the penalty is granted on condition that the beneficiary does not commit an intentional infraction during the year following the entry into force of this law.
If the beneficiary commits an infraction with intent to the penalty applied to the infraction, the pardon will be added.
As for pardons, total or partial, which are the exclusive competence of the President of the Republic, the Government proposes a special regime of the prison sentence applied to prisoners who are 65 years old or more and who have “illness, physical or mental, or a degree of autonomy incompatible with the normal stay in prison, in the context of this pandemic ”by covid-19.
Another of the proposed measures for the prison area is an extraordinary regime for the leave of administrative leave of convicted prisoners.
Thus, the Director-General of Reinsertion and Prison Services can grant the prisoner a 45-day renewable leave, under house arrest, under the supervision of social reintegration services and criminal police bodies and responding to periodic contacts, still that by telephone.
However, the draft law requires that several requirements are cumulatively verified, including the absence of any evasion, illegitimate absence or revocation of parole in the previous 12 months.
It is also necessary to have a well-founded expectation that the inmate does not commit crimes during the period of withdrawal and that he has already enjoyed at least one judicial exit license, for those who serve sentences under open regime or the previous enjoyment of two judicial exits. for those serving time under a common regime.
The fourth Government measure recommended for the prison environment concerns the possibility of anticipating parole, to be determined by the Court of Execution of Sentences, for a maximum period of six months.
Here, too, the inmate will be released from jail, but will be under house arrest under surveillance by the social reintegration services and criminal police bodies.
Portugal has been in a state of emergency since March 19, due to the covid-19 pandemic, and the Assembly of the Republic today approved its extension until April 17.
The new coronavirus, responsible for the covid-19 pandemic, has already infected more than 940,000 people worldwide, of whom more than 47,000 have died.
In Portugal, according to the balance made today by the Directorate-General for Health, there were 209 deaths, 22 more than on Wednesday (+ 11.8%), and 9,034 cases of confirmed infections, which represents an increase of 783 compared to the previous day (+ 9.5%).
(News updated at 11:19 pm)
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