FOURTH SECTION
DECISION
Application no. 21976/22
Lídio LOURENÇO GOMES against Portugal
and 12 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 27 June 2024 as a Committee composed of:
Branko Lubarda, President,
Anne Louise Bormann,
Sebastian Răduleţu, 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr. R. Mendes Martins, a lawyer practising in Lisbon.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Portuguese Government (“the Government”).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the inadequate conditions of detention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 18 July 2024.
Viktoriya Maradudina Branko Lubarda
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
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
21976/22
27/04/2022
Lídio LOURENÇO GOMES
1973
Rodrigo Mendes Martins
Lisbon
14/02/2024
22/05/2024
27,000
250
25234/22
12/05/2022
Diogo Filipe GONÇALVES PIRES
1990
Rodrigo Mendes Martins
Lisbon
14/02/2024
20/05/2024
16,200
250
25237/22
12/05/2022
Luís Filipe ROSADO GRILO
1979
Rodrigo Mendes Martins
Lisbon
14/02/2024
20/05/2024
6,900
250
25239/22
12/05/2022
António João VICENTE MAIA SANTOS
1982
Rodrigo Mendes Martins
Lisbon
14/02/2024
22/05/2024
7,500
250
28895/22
06/06/2022
Carlos Alberto DIAS MORAIS
1977
Rodrigo Mendes Martins
Lisbon
14/02/2024
20/05/2024
6,700
250
29226/22
06/06/2022
Jorge Henrique DE SOUSA COIMBRA E CRUZ
1963
Rodrigo Mendes Martins
Lisbon
14/02/2024
22/05/2024
8,400
250
29235/22
06/06/2022
Mário VAZ FERNANDES
1979
Rodrigo Mendes Martins
Lisbon
14/02/2024
22/05/2024
13,000
250
29409/22
06/06/2022
Manuel Duarte DA SILVA LOPES
1955
Rodrigo Mendes Martins
Lisbon
14/02/2024
20/05/2024
10,000
250
29411/22
06/06/2022
Tiago Manuel SOUSA GONÇALVES
1995
Rodrigo Mendes Martins
Lisbon
14/02/2024
20/05/2024
15,800
250
29412/22
06/06/2022
Rúben REIS COSTA
1999
Rodrigo Mendes Martins
Lisbon
14/02/2024
20/05/2024
9,400
250
29414/22
07/06/2022
Fábio Edgar VICENTE DA SILVA
1989
Rodrigo Mendes Martins
Lisbon
14/02/2024
20/05/2024
20,500
250
29419/22
07/06/2022
Germano MAURITO
1956
Rodrigo Mendes Martins
Lisbon
14/02/2024
20/05/2024
6,900
250
29422/22
07/06/2022
Daniel LOPES DA PONTE
1972
Rodrigo Mendes Martins
Lisbon
14/02/2024
20/05/2024
10,500
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.