‑ According to the provisions of article 19, paragraph 2, subparagraph (b), of Decree-Law No. 231/98, dated July 22, 1998, which regulates the exercise of the activity of private security enterprises, the Inspector General of Home Affairs is a member of the Council of Private Security;
‑ According to Decree-Law No. 166/98, dated June 25, 1998, which instituted the System of Internal Control of Financial Administration of the State (SCI), the Inspector General of Home Affairs is a member of its Council.
II ‑ Premises
The IGAI is located at Rua Martens Ferrão, No. 11 – 3rd to 6th Floor, in Lisbon.
III – Characterisation, Functions and Competences
The Inspectorate General of Home Affairs was created by Decree-Law No. 227/95, dated September 11, 1995, later amended by Decree-Law No. 154/96, dated August 31, 1996, and by Decree-Law No. 3/99, dated January 4, 1999. The purpose of its creation was to endow the Ministry of Home Affairs (MAI) with a service of inspection and supervision, especially dedicated to the defence of the rights of the citizens and to a better and quicker disciplinary justice in the situations of a greater social relevance.
Its implementation corresponded to the requirements of the programme of the XIII Constitutional Government, section II – Internal Administration, paragraph 2 – Citizens’ safety, subparagraph (k):
“Implementation of institutional solutions and procedures in order to ensure, in the area of home affairs, a more effective control of law enforcement practices, defence of the rights and legitimate interests of the citizens and restoration of legality.” (Official Gazette of the Parliament, II Series A, No. 2, page 26(7), dated November 8, 1995).
This Organism was created to provide an answer to less transparent or legal matters in the scope of activity of the MAI but, above all, to respond, in an effective way, to issues concerning the intransigent defence of the human rights, the fundamental rights of the citizens, in a perspective of improvement as regards the quality of police action and the exercise of citizenship in a Democratic State based on the rule of the Law.
The IGAI intends thus to provide an answer to the internal and international concerns in this field, including those felt both by institutional and non‑governmental organisations (the NGOs), giving a special attention to the Amnesty International, the APT (Geneva) and the CPT (Council of Europe).
A new platform of supervision was thus created, both operational and selective, external to the security forces, with the Inspector General answering directly before the Minister of Home Affairs but with functional and technical autonomy.
In what concerns its activity, the IGAI is guided by criteria of legality and strict objectivity.
Essentially, the Inspectorate General is a high-level inspection service with supervision powers over all the organisms that depend on or are supervised by the Minister of Home Affairs, the Civil Governments and the enterprises or entities involved in private security activities.
It is responsible for ensuring the respect for the law with a view to the proper operation of the services, the defence of the citizens' legitimate interests, the safeguard of public interest and the restoration of legality.
In the course of this activity, the IGAI carries out not only regular inspections but also supervision actions without previous notice, to precincts and units of the police forces, in order to verify the general conditions of operation, the respect for the legal norms and the applicable procedures, and, especially, the conditions of temporary detention and treatment of the detainees.
With these actions, the IGAI intends to prevent the use of ill treatments and other abuses. Whenever it verifies that the premises do not have the minima conditions of dignity for housing the detainees, it purposes their immediate closure, recommending the use of nearby premises until new places are constructed or the old ones repaired.
The IGAI analyses the complaints submitted by the citizens, as well as other situations brought to its attention by whatever means where there is a suspicion of breach of the law or of behaviour that is detrimental to the citizens' fundamental rights.
In the more serious cases, such as police brutality, torture, bodily harm or death of citizens, the IGAI directly starts the inquiries and disciplinary procedures and suggests to the Minister the application of the individual sanctions. When it verifies the existence of systematic flaws, the IGAI presents proposals for the improvement of the services.
