Communicated on 5 October 2016
FOURTH SECTION
Application no. 2582/16
Marius-Andrei BUTUC against Portugal
and 2 other applications
(see list appended)
A list of the applicants is set out in the annex. The applicants are two Romanian nationals, Mr Butuc and Mr Dumitru, and a Canadian national, Mr Patenaude.
The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
The applicants assert in particular that they have been detained in crowded prison cells with poor conditions of detention. For the details of their detentions, see the annexed table.
COMPLAINTS
The applicants complain that the conditions of their detention in the Lisbon Judicial Police Prison were inhuman and amounted to a violation of Article 3 of the Convention. In particular, they complain of overcrowding, poor sanitary and living conditions, poor food and insufficient ventilation and heating. Mr Patenaude complains about the conditions of his detention in the Silves Prison.
Additionally, Mr Butuc and Mr Patenaude allege that they did not have adequate medical assistance.
COMMON QUESTIONS
1.
a) Is there a domestic remedy under Portuguese law the applicants could have used to complain about the conditions of detention? If yes, which?
b) Is there a preventive remedy capable of putting an end to an Article 3 violation in cases of conditions of detention, such as, for example, the immediate transfer of the prisoner to another facility (see Torreggiani and Others v. Italy, nos. 43517/09, 46882/09, 55400/09, 57875/09, 61535/09, 35315/10 and 37818/10, §§ 54-55 and §§ 96-97, 8 January 2013)?
c) Is there a compensatory remedy allowing claimants to recover damages when their allegations of inhuman or degrading conditions of detention are proved (see Torreggiani and Others, cited above, §§ 96-97; and Varga and Others v. Hungary, nos. 14097/12, 45135/12, 73712/12, 34001/13, 44055/13, and 64586/13, § 109, 10 March 2015)?
The Government are invited to submit legislation and relevant case-law.
2. Has there been a violation of Article 3 of the Convention? In particular, were the applicants held in inhuman and degrading conditions of detention in the Lisbon Judicial Police Prison and in the Silves Prison?
3. The Government are requested to submit information and documents on the conditions of the applicants’ detention in the Lisbon Judicial Police Prison and in the Silves Prison. In particular, in respect of each applicant and each cell in which they were held the Government are requested to comment on the following points:
(a) Indicate the cell number and the dates of the applicants’ stay.
(b) What was the floor area of the cell (in square metres)?
(c) How many beds were available in the cell at the time of the applicants’ stay? Indicate the quality of the beds.
(d) How many detainees were being held in the cell at the time the applicants were there? Indicate the exact number of detainees, not the average.
(e) Was the cell equipped with a functioning ventilation and heating system at the time the applicants were there?
(f) What were the sanitary conditions in respect of the cells in which the applicants were held?
(g) Did the applicant’s cell have access to natural light?
(h) Indicate the duration of the out-of-cell time available to them per day, the area available for this purpose and the activities done during this period of time (for example, study, labour, physical activity).
Where applicable, the Government are requested to provide the above information also as regards the period following the lodging of the applications.
The Government are also requested to submit, where possible, copies of the relevant records of the applicants’ detention, in particular with regard to the size and occupancy of the cells.
CASE SPECIFIC QUESTION
In applications nos. 2582/16 and 26986/16, were the applicants suffering from any health problems during their detention? If so, did the applicants receive adequate medical care in respect of such health problems, as required by Article 3 of the Convention?
APPENDIX
No.
Application
no.
Lodged on
Applicant name
Date of birth
Place and duration of detention
Cell dimension
personal space (sq m)/ person
Conditions of detention complained about
2582/16
22/06/2016
Marius-Andrei
BUTUC
10/05/1987
Lisbon Judicial Police Prison
19/10/2015 – present
19/10/2015 – 21/10/2015: 2.6 sq m
21/10/2015 – 28/10/2015: 1.8 sq m
28/10/2015 – 25/03/2016: 3 sq m
25/03/2016 – 06/04/2016: 3 sq m
06/04/2016 – present: 2.5 sq m
Overcrowding.
Presence of bugs, lack of heating and ventilation in the cells.
Poor sanitary facilities within cells (no separation; shower with no door).
Lack of eating space.
Poor medical assistance for the extraction of a tooth.
Food of insufficient quality and quantity.
26986/16
20/07/2016
Joseph Albert Roger PATENAUDE*
02/10/1947
*currently detained in the
Pinheiro da Cruz Prison since
22 July 2016
Lisbon Judicial Police Prison
15/07/2014 – 13/07/2015
Silves Prison
13/07/2015 -13/08/2015
Lisbon Judicial Police Prison
13/08/2015 – 22/07/2016
15/07/2014 – 19/07/2014: 1.75 sq m
19/07/2014 – 20/10/2014: 3 sq m
20/10/2014 – 13/07/2015: 2 sq m
13/07/2015 – 13/08/2015: 2.57 sq m
13/08/2015 – 18/10/2016: 4 sq m (single occupancy cell)
18/10/2016 – 22/07/2016: single occupancy cell shared with another prisoner
*the exact dates of detention in each cell are not clear from the statement of facts
Overcrowded cells.
Poor sanitary facilities with lack of privacy, lack of heating and ventilation, presence of cockroaches and other insects, food of insufficient quality and quantity.
Smoking inmates in the cells.
The applicant has skin cancer (alleged poor/delayed medical assistance in that regard).
No separation between convicted detainees and those in pre-trial detention neither between dangerous and non-dangerous prisoners.
Mould in the cells.
Lack of an adequate eating space (food consumption near toilets).
Inadequate bedding in winter.
28794/16
09/08/2016
Constantin
DUMITRU
25/09/1974
Lisbon Judicial Police Prison
16/10/2015 – present
16/10/2015 – 21/10/2015: 3 sq m
21/10/2015 – 26/10/2015: 2.28 sq m
26/10/2015 – 16/12/2015: 3.5 sq m
16/12/2015 – 06/04/2016: 4 sq m
06/04/2016 – present: 2.5 sq m
Overcrowding.
Poor sanitary facilities of the cells (short distance between bed and sanitary facilities; shower with no door).
Lack of heating and ventilation in the cells.
Presence of bugs in the prison (and in food), poor quality of the food, no separation between smokers and non-smokers.
No separated eating space.
Cells shared by convicted and non-convicted detainees and by smokers and non-smokers.
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