National Commission for Human Rights

The National Commission for Human Rights is an independent and permanent institution with legal personality and administrative, financial and human resource management autonomy, and in discharging its responsibilities it is not subject to instructions from any other organ or person [Art. 4]. Its mission is to promote and protect human rights [Art. 5].

The Council of Commissioners, its supreme governing and decision-making organ, has seven full-time Commissioners, including a Chairperson and a Vice Chairperson [Art. 13]. Commissioners are drawn from civil society, higher education institutions, public entities and the private sector, and are selected individually, not as representatives of their institutions [Art. 16].

A Committee responsible for the selection of candidate Commissioners operates in full independence and advertises vacancies publicly; a Presidential Order determines its responsibilities and appoints its members [Arts. 17 and 18]. The term of office of Commissioners is five years, renewable once [Art. 20].

Commissioners and staff members cannot be prosecuted, searched, arrested, detained or tried on account of opinions expressed or acts performed in the discharge of the Commission's responsibilities [Art. 21].

A Commissioner is dismissed for immoral conduct or conduct that brings the Commissioner or the Commission into disrepute, violating human rights, compromising the Commission's responsibilities or abusing its powers for personal gain, soliciting, receiving or offering a bribe, acts of discrimination, divisionism or genocide ideology, or a final sentence of imprisonment of six months or more [Art. 24].

The Council of Commissioners hears the Commissioner concerned, may set up an ad hoc investigating committee, and decides; the Commissioner may lodge an informal appeal with the Council, and where the Council maintains its decision it transmits its report to the President of the Republic [Arts. 25 and 26].

The Chairperson of the Commission notifies the President of the Republic, with copies to the President of the Senate and the Prime Minister, when a Commissioner ceases to hold office, and at least 90 days before a term expires [Arts. 27 and 28].

The Commission may investigate respect for human rights throughout the national territory, mediate between parties to disputes, act as amicus curiae, enter any place where a violation is suspected, receive testimonies, request redress from the relevant organs, and request and obtain, without restriction, any necessary information [Art. 9].

For the prevention of torture it may enter, with or without prior notice, any place where persons deprived of liberty are found, have access without restriction to documentation about them, and interview them or any other relevant person privately [Art. 10]. It may institute legal action in civil, commercial, labour and administrative matters and file an action for damages in criminal proceedings on violations of human rights [Art. 11].

Within the first three months of each fiscal year the Commission submits its activity report for the preceding fiscal year and its action plan to both Chambers of Parliament, with copies to the President of the Republic, the President of the Supreme Court and the Prime Minister, and it also transmits reports on violations of human rights identified in its investigations; it disseminates its annual report after presenting it to Parliament [Arts. 40 and 41].

Its property derives from State budget allocations, partners' grants, and donations and bequests [Art. 43]. The Law repeals Law no 19/2013 of 25/03/2013 as amended [Art. 44].