Published on 8 November 2021
FOURTH SECTION
Application no. 30138/21
Rui Miguel MIRANDA MAGRO
against Portugal
lodged on 9 June 2021
communicated on 19 October 2021
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s detention at the Caxias Prison Hospital, following his conviction to a security measure (medida de segurança de internamento) at a psychiatric establishment for damage, threat and sexual harassment.
Under Article 3, the applicant complains of his conditions of detention. He claims that he should have been detained in a psychiatric facility.
QUESTIONS TO THE PARTIES
1. Has the applicant been subject to inhuman and degrading treatment, in breach of Article 3?
In particular:
(a) Is the applicant receiving an adequate medical treatment at the Prison Hospital of Caxias (see Rooman v. Belgium [GC], no. 18052/11, §§ 146-148, 31 January 2019; and Strazimiri v. Albania, no. 34602/16, § 103, 21 January 2020)?
(b) Are the applicant’s conditions of detention in conformity with the applicant’s state of health, and with the decision issued by the Criminal Court of Évora on 2 February 2021?
2. Has there been a breach of Article 5 § 1 of the Convention? In particular, considering the mental health conditions of the applicant, is his detention in a hospital ward of a regular prison establishment compatible with Article 5 § 1 e) of the Convention (see Ilnseher v. Germany [GC], nos. 10211/12 and 27505/14, § 127, 4 December 2018, and Rooman, cited above, § 192) ?