Published on 28 October 2024
FOURTH SECTION
Application no. 34122/23
Joel LEOCÁDIO DE LEMOS
against Portugal
lodged on 4 September 2023
communicated on 11 October 2024
SUBJECT MATTER OF THE CASE
The application concerns the alleged violation of the applicant’s right to a speedy judicial review concerning the lawfulness of his pre-trial detention, ordered by the investigating judge at the North Lisbon Court on 10 November 2017.
On 25 June 2023 the Lisbon Administrative Court dismissed an action lodged by the applicant against the State in which he claimed 3,000 euros (EUR) for the alleged excessive length of the review proceedings regarding his pre-trial detention.
Relying on Article 5 § 3 of the Convention, the applicant complains of the excessive length of the Court of Appeal’s review proceedings regarding the lawfulness of his pre-trial detention.
QUESTION TO THE PARTIES
Did the length of the appeal proceedings in the instant case that ended with a judgment of 28 February 2018, in which the applicant sought to challenge the lawfulness of his pre-trial detention, comply with the requirement of speediness under Article 5 § 4 of the Convention (instead of under Article 5 § 3, as submitted by the applicant) (see Ilnseher v. Germany [GC], nos. 10211/12 and 27505/14, §§ 251‑256, 4 December 2018, and Martins O’Neill Pedrosa v. Portugal, no. 55214/15, §§ 39-41 and 46, 14 February 2017)?