FOURTH SECTION
DECISION
Application no. 20370/20
Rui Miguel ENES VINHAL against Portugal
and 7 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 6 October 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
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 were represented by Vitor Carreto, a lawyer practising in Torres Vedras, Portugal.
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 applicationsHaving 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)Conditions of detention concerning the last period of detentionIn 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 during the period as described below are inadmissible.
The applicants were detained in different prison facilities. During their last, most recent and/or current period of detention, the applicants were detained at Carregueira Prison (applications nos. 20370/20, 24784/20, 26130/20, 26226/20, 40894/20, and 46242/20) and Pinheiro da Cruz Prison (applications nos. 28871/20 and 28908/20).
Having regard to all the available material and the parties’ arguments, the Court finds that it cannot be established 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 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 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, (dec.) no. 5227/18, §§ 32-34, 10 December 2020).
In view of the above, the Court finds that the complaints about these periods of detention (for further details see the appended table) are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Conditions of detention prior their last prison transferConcerning applications nos. 20370/20, 24784/20, 26130/20, 26226/20, 28908/20, 40894/20, 46242/20, in light of the conclusion above, the Court finds that the applicants’ transfer to the last (most recent) prison facility interrupted the “continued situation” of their detention, and thus the complaints about the detention conditions during the period prior to their last 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.
Complaint under Article 13 of the Convention (lack of any effective remedy in domestic law in respect of inadequate conditions of detention)Under Article 13 of the Convention, the applicants argued the lack of an effective remedy to complain against the inadequate conditions of detention in Portugal. The Court notes that, according to the Court’s established case-law, Article 13 applies only where an individual has an “arguable claim” to be a 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 in respect of the applicants’ complaints under Article 3 about the conditions of their detention, the Court concludes that they did not have an “arguable claim”, and that therefore Article 13 is not applicable. It follows that this part of the applications must be rejected in accordance with Article 35 § 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 27 October 2022.
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
Facility
Start and end date
Duration
Sq. m per inmate
Specific grievances
Other complaints under well-established case-law
20370/20
04/05/2020
Rui Miguel ENES VINHAL
1993
Lisbon Judicial Police Prison
27/01/2016 to
30/06/2017
1 year and 5 months and 4 days
Carregueira Prison
30/06/2017
pending
More than 5 years and 2 months and 10 days
2 inmates
2.5 m²
1 toilet
6 inmates
5.12 m²
1 toilet
inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen
lack or insufficient quantity of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
24784/20
08/06/2020
José Carlos LOPES MIDÕES
1964
Lisbon Judicial Police Prison
04/01/2019 to
15/01/2019
12 days
Carregueira Prison
15/01/2019 to
17/08/2021
2 years and 7 months and 3 days
3 inmates
2.6 m²
1 toilet
6 inmates
5.12 m²
1 toilet
inadequate temperature, mouldy or dirty cell, lack of fresh air, poor quality of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet
lack of fresh air, lack or insufficient quantity of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
26130/20
16/06/2020
Veaceslav GANGAN
1962
Prison of Beja
21/11/2010 to
10/07/2012
1 year and 7 months and 20 days
Prison of Carregueira
10/07/2012
pending
More than 10 years and 2 months
9 inmates
2.1 m²
1 toilet
6 inmates
5.12 m²
1 toilet
lack of fresh air, overcrowding, poor quality of food, lack or insufficient quantity of food, mouldy or dirty cell
lack of fresh air, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
26226/20
16/06/2020
Alfredo Manuel COELHO DA SILVA MERGULHÃO
1958
Lisbon Judicial Police Prison
23/06/2016 to
11/01/2017
6 months and 20 days
Lisbon Central Prison
11/01/2017 to
24/07/2017
6 months and 14 days
Carregueira Prison
24/07/2017
pending
More than 3 years and 1 month and 17 days
9 inmates
1,2 m²
1 toilet
2 inmates
3.5 m²
1 toilet
6 inmates
5.12 m²
1 toilet
lack of fresh air, mouldy or dirty cell, overcrowding, poor quality of food, lack or insufficient quantity of food
lack of fresh air, overcrowding, poor quality of food, lack or insufficient quantity of food, lack of requisite medical assistance
lack of fresh air, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
28871/20
07/07/2020
Orleans AGUIAR CAVALCANTE
1975
Prison of Pinheiro da Cruz
31/10/2019
pending
More than 2 years and 10 months and 10 days
1 inmate
5.5 m²
1 toilet
inadequate temperature, sharing cells with inmates infected with contagious disease
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
28908/20
07/07/2020
Francisco António SERRA GOMES
1982
Montijo Prison
23/07/2009 to
05/07/2010
11 months and 13 days
Pinheiro da Cruz Prison
05/07/2010
pending
More than 12 years and 2 months and 5 days
13 inmates
0.8 m²
1 toilet
1 inmate
5.5 m²
1 toile
lack of fresh air, overcrowding
inadequate temperature, sharing cells with inmates infected with contagious disease
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
40894/20
07/09/2020
Michel SMAERS
1945
Silves Prison
14/06/2018 to
08/06/2019
11 months and 26 days
Carregueira Prison
08/06/2019 to
19/08/2021
2 years and 2 months and 12 days
13 inmates
1.8 m²
1 toilet
6 inmates
5.12 m²
1 toilet
overcrowding, poor quality of food, lack or insufficient quantity of food, mouldy or dirty cell
lack of fresh air, sharing cells with inmates infected with contagious disease
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
46242/20
13/10/2020
Delfim António OLIVEIRA FERREIRA
1979
Porto Judicial Police Prison
06/12/2013 to
09/12/2013
4 days
Custoias Prison
09/12/2013 to
08/04/2015
1 year and 4 months
Carregueira Prison
08/04/2015
pending
More than 7 years and 5 months and 2 days
3 inmates
2 m²
1 toilet
12 inmates
1.16 m²
1 toilet
6 inmates
5.12 m²
1 toilet
lack of fresh air, overcrowding
lack of fresh air, mouldy or dirty cell, overcrowding, poor quality of food, lack or insufficient quantity of food
lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.