Přehled
Rozhodnutí
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
- 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.
- 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.
- 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.
- 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.
- 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 |