FOURTH SECTION
CASE OF DA SILVA SANTOS PEREIRA AND DIAMANTINO DA SILVA v. PORTUGAL
(Applications nos. 4581/20 and 55438/20)
JUDGMENT
STRASBOURG
9 June 2022
This judgment is final but it may be subject to editorial revision.
In the case of Da Silva Santos Pereira and Diamantino v. Portugal,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 19 May 2022,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in two applications against Portugal lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. The Portuguese Government (“the Government”) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the inadequate conditions of their detention.
THE LAW
JOINDER OF THE APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
THE GOVERNMENT’S REQUEST TO STRIKE OUT the APPLICATIONS UNDER ARTICLE 37 § 1 OF THE CONVENTION6. The Government submitted unilateral declarations which were not accepted by the applicants. The Court notes that the unilateral declarations did not offer a sufficient basis for finding that respect for human rights as defined in the Convention does not require the Court to continue its examination of the case (Article 37 § 1 in fine). The Court rejects the Government’s request to strike these applications out and will accordingly pursue its examination of the merits of the case (see, in particular, Tahsin Acar v. Turkey (preliminary issue) [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI).
ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION7. The applicants complained of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
8. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding inadequate conditions of detention (see, for instance, Muršić v. Croatia [GC], no. 7334/13, §§ 96‑101, ECHR 2016). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122-141, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑159, 10 January 2012).
9. In the cases of Petrescu v. Portugal, no. 23190/17, 3 December 2019, and Bădulescu v. Portugal, no. 33729/18, 20 October 2020, the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION12. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
13. Regard being had to the documents in its possession and to its case‑law (see, in particular, Muršić, cited above, §§ 181 and 184), the Court considers it reasonable to award the sums indicated in the appended table.
14. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to join the applications;Rejects the respondent Government’s request to strike the applications out of its list of cases; Declares the applications admissible;Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention;Holds(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table,
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 9 June 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
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
Amount awarded for pecuniary damage per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
4581/20
10/01/2020
Márcio DA SILVA SANTOS PEREIRA
1982
Rodrigo Mendes Martins
Lisbon
Coimbra Prison
13/01/2016 to
31/01/2016
19 days
***
Coimbra Prison (Wing G)
31/01/2016 to
31/01/2017
1 years and 1 days
***
Coimbra Prison (Wing C)
31/01/2017 to
01/03/2019
2 years and
1 month and 2 days
***
Coimbra Prison (Wing G)
01/03/2019
pending
More than 3 years and 1 month and 29 days
15 inmates
1.28 m²
1 toilet
***
2 inmates
3 m²
1 toilet
***
2 inmates
3 m²
1 toilet
***
7 inmates
1 m²
1 toilet
bunk beds, passive smoking, poor quality of food, overcrowding, lack of toiletries, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), lack of or inadequate hygienic facilities, lack or insufficient quantity of food, lack or inadequate furniture, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature
***
See above
***
See above
***
See above
16,300
250
55438/20
07/12/2020
António DIAMANTINO DA SILVA
1973
Rodrigo Mendes Martins
Lisbon
Coimbra Prison
28/03/2011 to
01/01/2012
9 months and
5 days
***
Coimbra Prison
01/01/2012
pending
More than 10 years and 3 months and 29 days
8 inmates
0.5 m²
1 toilet
***
2 inmates
3.5 m²
bunk beds, infestation of cell with insects/rodents, lack of fresh air, overcrowding, sharing cells with inmates infected with contagious disease, lack or insufficient quantity of food, mouldy or dirty cell, poor quality of food, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of potable water, lack of or restricted access to leisure or educational activities, lack of requisite medical assistance, lack of privacy for toilet, passive smoking, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), lack of or insufficient physical exercise in fresh air
***
infestation of cell with insects/rodents, lack of fresh air, overcrowding, sharing cells with inmates infected with contagious disease, lack or insufficient quantity of food, mouldy or dirty cell, poor quality of food, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of potable water, lack of or restricted access to leisure or educational activities, lack of requisite medical assistance, lack of privacy for toilet, passive smoking, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), lack of or insufficient physical exercise in fresh air.
16,300
250
[1] Plus any tax that may be chargeable.
[2] Plus any tax that may be chargeable to the applicants.