FOURTH SECTION
DECISION
Application no. 28486/22
José Eduardo PINHEIRO PEREIRA
against Portugal
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 27 February 2025 as a Committee composed of:
Anne Louise Bormann, President,
Sebastian Răduleţu,
András Jakab, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 7 June 2022,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Portuguese Government (“the Government”).
THE LAW
After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The Government acknowledged the inadequate conditions of detention. They offered to pay the applicant the amounts detailed in the appended table and invited the Court to strike the application 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 case.
The applicant was sent the terms of the Government’s unilateral declaration several weeks before the date of this decision. The applicant disagreed with the terms of the declaration.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear and extensive case-law concerning complaints relating to the inadequate conditions of detention (see, for example, Petrescu v. Portugal, no. 23190/17, 3 December 2019).
Noting the admissions contained in the Government’s declaration as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Takes note of the terms of the respondent Government’s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 20 March 2025.
Viktoriya Maradudina Anne Louise Bormann
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments
Amount awarded for pecuniary and non-pecuniary damage
per applicant (in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
28486/22
07/06/2022
José Eduardo PINHEIRO PEREIRA
1975
16/07/2024
02/01/2025
16,300
250
[1] Plus any tax that may be chargeable to the applicant
[2] Plus any tax that may be chargeable to the applicant