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19.1.2023
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FOURTH SECTION

DECISION

Application no. 51226/20
José António DA SILVA MONTEIRO against Portugal
and 7 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 19 January 2023 as a Committee composed of:

Armen Harutyunyan, President,
Anja Seibert-Fohr,
Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of an effective remedy in this respect were communicated to the Portuguese Government (“the Government”).

THE LAW

  1. Joinder of the applications

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

  1. Complaints under Article 3 of the Convention (inadequate conditions of detention)

In the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the complaints about the conditions of detention are inadmissible.

  1. Conditions of detention concerning the last period of detention

The applicants were detained in different prison facilities. During their last, most recent and/or current period of detention, the applicants were detained at, Coimbra Prison (application no. 51226/20), Sintra Prison (application no. 33029/21), Carregueira Prison (applications nos. 36258/21 and 37660/21), Izeda Prison (application no. 49328/21), Leiria Prison (application no. 51159/21), and Caxias Prison (applications nos. 52055/21 and 53416/21).

Having regard to all of the available material and the parties’ arguments, the Court finds that it cannot establish that the applicants suffered in these prison facilities from severe overcrowding of the kind that could entail, on its own, a violation of Article 3 (see Muršić v. Croatia [GC], no. 7334/13, 20 October 2016) nor can it be found that the cumulative effect of the other aspects of the detention which the applicants complained about reached the threshold of severity required to characterise the treatment as inhuman or degrading within the meaning of Article 3 (see Bokor v. Portugal, no. 5227/18, § 34, 10 December 2020).

In view of the above, the Court finds that the complaints related to these periods of the applicants’ detention (for further details see the appended table) are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 a) and 4 of the Convention.

  1. Conditions of detention before their last prison transfer

Concerning applications nos. 51226/20, 37660/21, 49328/21, 52055/21, and 53416/21, in light of the conclusion above, the Court finds that the applicants’ transfer to the last prison facility interrupted the “continuing situation” of their conditions of detention. Therefore, the applicants’ complaints concerning the conditions of detention regarding the period prior to their last prison transfer are belated (see Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 75-78, 10 January 2012); and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

  1. Remaining complaints

Under Article 13 of the Convention, the applicants in applications nos. 33029/21, 36258/21, 37660/21, 51159/21, 52055/21, and 53416/21, complained of the lack of an effective remedy in respect of their conditions of detention. The Court notes that, according to its established case-law, Article 13 of the Convention applies only where an individual has an “arguable claim” to be victim of a violation of a Convention right (see Boyle and Rice v. the United Kingdom, 27 April 1988, § 52, Series A no. 131, and Narcisio v. Netherlands (dec.), no. 47810/99, 27 January 2005). Having regard to the findings above as to the applicants’ complaints under Article 3 of the Convention about their conditions of detention, the Court concludes that they are not “arguable” for the purposes of Article 13.

It follows that this complaint must also be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 9 February 2023.

Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President



APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Facility

Start and end date

Duration

Sq. m per inmate

Specific grievances

51226/20

10/11/2020

José António DA SILVA MONTEIRO

1976

Rodrigo Mendes Martins

Lisbon

Judicial Prison of Porto

06/02/2002 to

08/02/2002

3 days

Porto Prison

08/02/2002 to

01/04/2004

2 years and 1 months and 25 days

Coimbra Prison

01/04/2004 to

22/12/2007

3 years and 8 months and 22 days

Coimbra Prison

22/12/2007 to

15/02/2021

13 years and 2 months and

22 days

Coimbra Prison

15/02/2021 to

01/03/2021

15 days

Coimbra Prison

01/03/2021 to

31/05/2021

3 months

Coimbra Prison

31/05/2021 to

14/06/2021

15 days

Coimbra Prison

14/06/2021 to

30/09/2021

3 months and 17 days

Coimbra Prison

30/09/2021 to

11/10/2021

12 days

Coimbra Prison

11/10/2021

pending

More than 1 year and 29 days

3 inmates

2.3 m²

1 toilet

2 inmates

3.5 m²

1 toilet

8 inmates

1.5 m²

1 toilet

1 inmate

5.67 m²

1 toilet

1 inmate

16.74 m²

1 toilet

1 inmate

5.67 m²

1 toilet

3 inmates

10.44 m²

1 toilet

1 inmate

5.67 m²

1 toilet

1 inmate

16.74 m²

1 toilet

1 inmate

5.67 m²

1 toilet

lack of or insufficient natural light, mouldy or dirty cell, lack of privacy for toilet, lack of or inadequate mattress and bed linen, inadequate temperature, passive smoking,

lack of or poor quality of mattress and bed linen, lack of privacy for toilet, inadequate temperature, overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, passive smoking,

overcrowding, passive smoking, lack of or insufficient natural light, lack of or insufficient electric light, inadequate temperature, mouldy or dirty cell,

lack of or restricted access to leisure or educational activities, infestation of cell with insects/rodents

idem

idem

idem

idem

idem

idem

33029/21

18/06/2021

Aparício Rodrigues TAVARES BAMBI

1986

Vítor Carreto

Torres Vedras

Sintra Prison

07/05/2021 to

19/08/2021

3 months and 13 days

Sintra Prison

19/08/2021

pending

More than 1 year and 2 months and 20 days

3 inmates

4.2 m²

1 toilet

1 inmate

5.18 m²

1 toilet

lack of fresh air, lack of privacy for toilet

idem

36258/21

09/07/2021

Adelino DE SEIXAS LAMAS

1957

Vítor Carreto

Torres Vedras

Carregueira Prison

10/05/2017 to

01/01/2019

1 year and 7 months and 23 days

Carregueira Prison

01/01/2019

pending

More than 3 years and 10 months and 8 days

5 inmates

6.14 m²

1 toilet

6 inmates

5.12 m²

1 toilet

poor quality of food, mouldy or dirty cell

idem

37660/21

20/07/2021

Luís Miguel ANDRADE GONÇALVES

1968

Vítor Carreto

Torres Vedras

Lisbon Central Prison

24/09/2019 to

15/10/2019

22 days

Carregueira Prison

15/10/2019 to

22/10/2019

8 days

Carregueira Prison

22/10/2019 to

15/11/2019

25 days

Carregueira Prison

15/11/2019 to

12/02/2020

2 months and 29 days

Carregueira Prison

12/02/2020

pending

More than 2 years and 8 months and 27 days

1 inmate

1.7 m²

1 toilet

1 inmate

7.7 m²

1 toilet

6 inmates

5.12 m²

1 toilet

5 inmates

6.14 m²

1 toilet

6 inmates

5.12 m²

1 toilet

infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of privacy for shower

lack or insufficient quantity of food

idem

idem

idem

49328/21

28/10/2021

Andrei PETER

1975

Silves Prison

16/06/2017 to

10/05/2018

10 months and 25 days

Izeda Prison

10/05/2018 to

09/01/2021

2 years and 8 months

Izeda Prison

09/01/2021 to

04/02/2021

27 days

Izeda Prison

04/02/2021 to

14/09/2021

7 months and 11 days

5 inmates

2.68 m²

1 toilet

6 inmates

3.23 m²

1 toilet

6 inmates

3.32 m²

1 toilet

6 inmates

3.23 m²

1 toilet

overcrowding, passive smoking, sharing cells with inmates infected with contagious disease, lack of privacy for toilet, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of or inadequate hygienic facilities, lack of fresh air, lack of requisite medical assistance, lack of access to work

51159/21

11/10/2021

Dominik SAMI SCHMIDT

1996

Vítor Carreto

Torres Vedras

Leiria Prison

20/05/2021 to

08/06/2021

20 days

Leiria Prison

08/06/2021

pending

More than 1 year and 5 months

1 inmate

6.8 m²

1 toilet

9 inmates

3.5 m²

1 toilet

lack of fresh air

idem

52055/21

18/10/2021

Bruno PEREIRA GONÇALVES

1998

Vítor Carreto

Torres Vedras

Judicial Police Prison

23/09/2019 to

09/10/2019

17 days

Caxias Prison

09/10/2019 to

25/10/2019

17 days

Caxias Prison

25/10/2019 to

12/11/2019

19 days

Caxias Prison

12/11/2019 to

03/05/2021

1 year and 5 months and 22 days

Caxias Prison

03/05/2021 to

01/09/2021

3 months and 30 days

4 inmates

3.12 m²

1 toilet

2 inmates

7.2 m²

1 toilet

8 inmates

4.66 m²

1 toilet

8 inmates

4.3 m²

1 toilet

8 inmates

4.6 m²

1 toilet

lack of fresh air, poor quality of food, overcrowding, lack of privacy for toilet, lack of or insufficient quantity of food, inadequate temperature, mouldy or dirty cell, lack of requisite medical assistance

53416/21

21/10/2021

Pedro Filipe GASPAR RIBEIRO

1995

Vítor Carreto

Torres Vedras

Caxias Prison

30/08/2017 to

03/03/2020

2 years and 6 months and 4 days

Caxias Prison

03/03/2020 to

20/04/2020

1 month and 18 days

Caxias Prison

20/04/2020 to

02/02/2021

9 months and 14 days

Caxias Prison

02/02/2021 to

16/02/2021

15 days

Caxias Prison

16/02/2021 to

20/04/2021

2 months and 5 days

Caxias Prison

20/04/2021 to

26/04/2021

7 days

Caxias Prison

26/04/2021 to

12/05/2021

17 days

Caxias Prison

12/05/2021

pending

More than 1 year and 6 months and 7 days

4 inmates

2 m²

1 toilet

10 inmates

3.62 m²

1 toilet

2 inmates

4.39 m²

1 toilet

8 inmates

4.36 m²

1 toilet

2 inmates

4.83 m²

1 toilet

8 inmates

4.36 m²

1 toilet

2 inmates

4.83 m²

1 toilet

8 inmates

4.66 m²

1 toilet

overcrowding, lack of fresh air, inadequate temperature, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, passive smoking, lack of or insufficient quantity of food, poor quality of food, lack of requisite medical assistance, sharing cells with inmates infected with contagious disease

detention with other inmates that were infected with Covid-19