THIRD SECTION
DECISION
Applications nos. 30598/16 and 53500/18
Fernando Jorge PINHEIRO DE MELO
against Portugal
(see appended table)
The European Court of Human Rights (Third Section), sitting on 14 November 2019 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr C. Ribas, a lawyer practising in São João da Madeira.
The applicant’s complaints under Article 3 of the Convention concerning his alleged ill-treatment during police custody and the lack of an effective investigation thereof were communicated to the Portuguese Government (“the Government”).
The Court received the friendly-settlement declaration under which the applicant agreed to waive any further claims against Portugal in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will 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 undertake 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 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 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 a 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 5 December 2019.
Liv TigerstedtDmitry Dedov
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(Ill-treatment during police custody)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
(in euros)[i]
Amount awarded for costs and expenses
(in euros)[ii]
30598/16
24/05/2016
Fernando Jorge Pinheiro de Melo
10/03/1948
Ribas Carlos
São João da Madeira
13/09/2019
31/07/2019
17,000
2,500
53500/18
07/11/2018
[i]. Plus any tax that may be chargeable to the applicant.
[ii]. Plus any tax that may be chargeable to the applicant.
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