Ombudsman submits communication to the Committee of Ministers on the execution of the ECHR judgment in the case Fernandes v. Portugal

The Ombudsman submitted, on 29 January 2026, a communication to the Committee of Ministers of the Council of Europe in the context of the execution of the judgment of the European Court of Human Rights (ECHR) in the case Fernandes v. Portugal.

Among its various responsibilities, the Committee of Ministers of the Council of Europe supervises the execution of ECHR judgments, monitoring the measures adopted by States to ensure full compliance with the Court’s rulings. Within this supervision and follow-up process, National Human Rights Institutions may submit communications to the Committee.

In its judgment delivered in January 2024 in the case Fernandes v. Portugal, the Court found a violation of Article 3 of the European Convention on Human Rights (ECHR), due to the continued imposition of a special security regime in a prison context, which includes highly restrictive measures affecting rights.

In the communication now submitted to the Committee of Ministers, the Ombudsman highlighted the main concerns identified, both in the exercise of its mandate as the National Preventive Mechanism and in the handling of complaints submitted by prisoners, regarding the security regime. These concerns cover both the Special Security Prison Establishment of Monsanto and the security sections of the Linhó, Paços de Ferreira and Santa Cruz do Bispo – Female Prison Establishments.

All the conclusions presented had already been conveyed to the competent national authorities, namely the Director-General for Reintegration and Prison Services, and reported to the Assembly of the Republic in the most recent annual activity reports.

In March 2025, the Deputy Ombudsperson participated in a High-Level Conference on the role of National Human Rights Institutions in the implementation of the ECHR and in monitoring the execution of ECHR judgments. Previously, in November 2024, the Ombudsman’s Office had met with the Department for the Execution of Judgments of the Council of Europe in order to analyse the main challenges faced by the Portuguese State in implementing ECHR judgments.

The submitted communication is available for consultation here.