Justice Minister Rita Alarcão Júdice Pledges 'Tolerância Zero' on Prison Deaths After Families Hand In a 15 May Letter — DGRSP Logged 64 In-Custody Deaths Across 2025 With 14 Suicides as Sobrelotação Returns at 12,981 Reclusos
On Friday 15 May, families of prisoners who died in custody handed Rita Alarcão Júdice a five-demand letter. The minister pledged 'tolerância zero' for deaths unrelated to illness. DGRSP logged 64 in-custody deaths in 2025 with 14 suicides as overcrowding returned at 12,981 reclusos.
Portugal's Minister of Justice, Rita Alarcão Júdice, said on Friday 15 May that her ministry holds a position of 'tolerância zero para qualquer situação' of in-custody death not strictly attributable to natural illness, in a public response to a letter delivered the same day by relatives of people who died inside the prison system. The letter, signed by an informal collective of families whose relatives died in the Estabelecimentos Prisionais of Caxias, Lisboa, Custóias and Coimbra over the last 24 months, demands an urgent revision of health, security, isolation-punishment, video-surveillance and family-communication protocols, plus an unscheduled meeting with the minister.
The intervention lands in a particularly sensitive week for the Direção-Geral de Reinserção e Serviços Prisionais (DGRSP). Provisional 2025 figures filed with the ministry show 64 deaths inside the Portuguese prison system across the calendar year, of which 14 were registered as suicides and the remaining 50 attributed to underlying illness. The 2024 statistics had recorded 65 deaths with nine suicides, leaving the year-on-year suicide count up by five even as the overall in-custody mortality rate barely moved.
The Letter and the Demands
The families' joint petition, addressed to Largo do Rato and to the Procuradoria-Geral da República in parallel, makes five specific demands. First, an autopsy and toxicology report on every in-custody death, with timelines fixed to a maximum 60-day disclosure window to the next of kin. Second, the abolition of single-cell isolation as a disciplinary tool except for the strictest of imediato security threats, with continuous video-recording and an independent medical sign-off at the entry point. Third, a mandatory 24-hour family notification with a named contact officer at each estabelecimento. Fourth, a public dashboard publishing every in-custody death within 72 hours of confirmation, with cause of death anonymised but recorded. Fifth, an external review by the Provedor de Justiça with the legal power to compel testimony from DGRSP officers.
Rita Alarcão Júdice, whose office acknowledged receipt of the letter at 11:30 on Friday, told reporters at the entrance of the ministry that 'há tolerância zero para qualquer situação' caused by factors not related to health, and added that 'sempre que se justifique' the ministry triggers the Ministério Público communication channel and the parallel DGRSP internal-affairs review. She also confirmed an ongoing inter-ministerial working group with the Ministry of Health on what she described as the systemic shortfall of clinical access inside the prison system, a point that the wider penal-accountability conversation has been edging towards in the wake of the Lar do Comércio file.
The Overcrowding Backdrop
The sobrelotação data is doing most of the political work behind the families' demands. DGRSP's most recent occupancy reading, dated 31 December 2025, puts the resident population at 12,981 reclusos against a nominal lotação of 12,540, the first time the system has crossed back over 100% occupancy in six years. The picture is significantly worse at individual sites: Custóias, in the Porto metro area, was operating with 947 inmates against 675 beds at the last reading; Caldas da Rainha with 117 against 92; Setúbal, Chaves and Viana do Castelo all reading above 110% of capacity. The Provedor de Justiça has separately written to the ministry stating that the official lotação metric itself does not respect Council of Europe minimum cell-size standards and so the real over-occupation rate is higher.
The OE2026 envelope booked €56 million in additional capital spending for the prison estate, with a target of 630 new beds to be commissioned by year-end via the reactivation of mothballed wings at Caxias, Linhó and Castelo Branco. The internal DGRSP estimate, leaked to Público in early January, is that 850 new inmates entered between January 2025 and February 2026, meaning the system will eat the new capacity inside the year it is created.
The European Court Backdrop
Portugal's prison conditions are no stranger to the European Court of Human Rights, which has issued multiple condemnations on detention-condition and judicial-delay grounds. The Strasbourg court most recently asked the Portuguese state for further clarifications in the Sócrates file in April, a separate question from the in-custody deaths conversation but adjacent on the broader 'reasonable-time' jurisprudence that already runs through the administrative court case opened in Lisbon on 14 May. The Tribunal Europeu's standing concern with single-cell isolation regimes in particular, expressed in Mursic v. Croatia and a string of follow-ups, is what gives the families' second demand its bite.
The Direção-Geral itself acknowledges the difficulty. Its director-general told Observador on 7 February that the system is operating under 'dificuldades' driven by the surplus of inmates. The Council of Europe's most recent SPACE-I dataset — published in March — places Portugal in the upper third of European jurisdictions on occupancy rate, although in the lower third on staff-to-inmate ratio, a combination that the families' letter explicitly identifies as the cause of the gaps in cell-checks at the times of several recent deaths.
The Political Pressure Going Into Tuesday
Parliament returns to a busy week. The Tribunal Constitucional file driven by the Aguiar-Branco 19 May deadline is dominating the political week, but the Comissão de Assuntos Constitucionais, Direitos, Liberdades e Garantias is also expected to schedule a hearing on the families' letter — the Bloco de Esquerda, PCP and Livre were the first parties to publicly endorse the petition over the weekend, and PSD-Madeira's deputy Sara Madruga da Costa has separately tabled a parliamentary question demanding the DGRSP's mortality figures broken down by estabelecimento for the first time. The Iniciativa Liberal and the Chega have so far stayed silent, although IL's justice spokesman is expected to address the question on Monday's morning radio round.
The minister has not committed to receiving the families directly, but has said her chefe-de-gabinete will set up an initial meeting in the next 'three weeks'. The Provedor de Justiça's office confirmed on Saturday that it will open its own thematic file on in-custody deaths from 2023 onwards regardless of the ministry's response.
What This Means for Expats
- Foreign-resident prison population: Roughly 16% of the DGRSP's 12,981 inmates are non-Portuguese nationals, with Brazilians, Cabo Verdeans, Angolans and Romanian nationals forming the largest groups. Foreign embassies are routinely notified through the consular access channel within 48 hours of arrest — but families of EU nationals report waiting times of up to two weeks for next-of-kin notification when a fatal incident occurs, exactly the gap the families' letter wants closed.
- Visiting a relative in custody: the standard visit regime sits at two times a month, 60 minutes per visit, requires a NIF-linked online booking on the DGRSP portal and a foreign-resident visitor must present a Cartão de Cidadão or a Título de Residência issued by AIMA — passport-only access remains exceptional and is generally refused at the gate at Lisboa and Caxias.
- Healthcare in custody: the inter-ministerial working group is moving towards a model where the Serviço Nacional de Saúde, rather than DGRSP doctors, runs primary care inside the prisons. The change would mean foreign-resident inmates with previous SNS Número de Utente registration retain the same primary-care file inside custody, an improvement on the current parallel-record system that has been the documented source of medication-continuity errors in at least seven 2025 deaths.
- Lawyers and the new oficiosos table: the Ordem dos Advogados's defesa oficiosa rotation system was overhauled in March, raising the per-act compensation by 8% and shortening the median assignment window for non-Portuguese-speaking defendants from 9 to 5 days. The change directly affects any expat unfortunate enough to be detained without their own counsel, and applies regardless of nationality.
- Civil society routes: the Comissão Portuguesa para os Direitos Humanos and the Liga Portuguesa dos Direitos Humanos both publish English-language guidance on consular and family-notification rights and can be reached by email; the Provedor de Justiça's gabinete also accepts complaints in English from EU and CPLP nationals.
The deeper political question — whether prison deaths receive the same scrutiny as homicide cases on the outside — is the one the families' letter is forcing onto the agenda. The Estatuto do Recluso, in force since 2009 under Lei n.º 115/2009, already provides for the rights the families are claiming, but practical enforcement has historically depended on the ministry's appetite for friction with the DGRSP's prison-officer unions. Rita Alarcão Júdice's 'tolerância zero' framing is the strongest public signal from a justice minister on the file since at least 2018; the test of whether it sticks will come in the next inquérito the Ministério Público opens after the next in-custody death.