DO NASCIMENTO DA GRAÇA MENDES v. PORTUGAL

 

FOURTH SECTION

DECISION

Application no. 42101/18
Valdimiro DO NASCIMENTO DA GRAÇA MENDES

against Portugal

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 23 March 2023 as a Committee composed of:

 Tim Eicke, President,
 Branko Lubarda,
 Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 29 August 2018,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Ms P. Gonçalo, a lawyer practising in Coimbra.

The applicant’s complaints under Article 3 of the Convention concerning his conditions of detention in Linhó Prison were communicated to the Portuguese Government (“the Government”).

THE LAW

Complaints under Article 3 of the Convention (inadequate conditions of detention at Linhó Prison between 23 March 2017 and 19 March 2019)

Having examined all the material before it and the parties’ arguments, the Court finds that it cannot be established that the applicant suffered in Linhó Prison from severe overcrowding of the kind that could entail on its own a violation of Article 3 of the Convention (see Muršić v. Croatia [GC], no. 7334/13, § 140, 20 October 2016). Nor can it be found that the cumulative effect of the other aspects of the detention which the applicant complained about reached the threshold of severity required to characterise the treatment as inhuman or degrading within the meaning of Article 3 of the Convention (see Bokor v. Portugal (dec.) no. 5227/18, § 34, 10 December 2020).

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

Remaining complaints

As regards the remaining complaints raised by the applicant after the communication of the case to the Portuguese Government, the Court finds that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that they must also be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 13 April 2023.

 

 Viktoriya Maradudina Tim Eicke
 Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

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, as alleged by the applicant

42101/18

29/08/2018

Valdimiro DO NASCIMENTO DA GRAÇA MENDES

1985

P. Gonçalo

Coimbra

Linhó Prison

23/03/2017 to

19/03/2019

1 year and 11 months and

25 days

 

4 m²

 

poor quality of food, lack of or restricted access to leisure or educational activities, lack of or insufficient physical exercise in fresh air

 

 

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