FOURTH SECTION
DECISION
Application no. 26986/16
Joseph Albert Roger PATENAUDE
against Portugal
The European Court of Human Rights (Fourth Section), sitting on 4 April 2017 as a Committee composed of:
Iulia Motoc, President,
Paulo Pinto de Albuquerque,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 20 July 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Joseph Albert Roger Patenaude, is a Canadian national, who was born in 1947 and is currently detained in Pinheiro da Cruz Prison. He was represented before the Court by Mr T. Melo Alves, a lawyer practising in Lisbon.
2. The Portuguese Government (“the Government”) were represented by their Agent, Ms M. F. da Graça Carvalho, Deputy Attorney General.
3. The applicant complained under Article 3 of the Convention about the material conditions of his detention in the Lisbon Judicial Police Prison (Estabelecimento Prisional anexo às instalações da Polícia Judiciária de Lisboa), from 15 July 2014 to 22 June 2015 and from 28 July 2015 to 22 July 2016, and Silves Prison (Estabelecimento Prisional de Silves) from 22 June to 28 July 2015. He further complained that he did not have adequate medical assistance.
4. On 21 December 2016 and 23 February 2017 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Portugal in respect of the facts giving rise to this application against an undertaking by the Government to pay him 11,500 (eleven thousand five hundred) euros to cover any non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable and will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 case.
THE LAW
The Court 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 its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 4 May 2017.
Andrea TamiettiIulia Motoc
Deputy RegistrarPresident
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