FOURTH SECTION
DECISION
Application no. 45657/22
Manuel BALTAZAR VILAS BOAS and Rosa Maria PINHEIRO BALTAZAR
against Portugal
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 27 March 2025 as a Committee composed of:
Anne Louise Bormann, President,
Sebastian Răduleţu,
András Jakab, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 16 September 2022,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr C. Pires, a lawyer practising in Viana do Castelo.
The applicants’ complaints under Articles 2, 5 and 6 § 1 of the Convention concerning the drowning of their son, left unattended, after he jumped over the fence of his school, were communicated to the Portuguese Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Portugal in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 30 April 2025.
Viktoriya Maradudina Anne Louise Bormann
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Articles 2, 5 and 6 § 1 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded jointly for non-pecuniary damage (in euros)[1]
Amount awarded jointly for costs and expenses
(in euros)[2]
45657/22
16/09/2022
Manuel BALTAZAR VILAS BOAS
1969
Rosa Maria PINHEIRO BALTAZAR
1971
Carlos Pires
Viana do Castelo
11/02/2025
03/01/2025
13,000
2,500
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.