FOURTH SECTION
DECISION
Application no. 53925/19
Cláudio Jorge SANTOS SOUSA against Portugal
and 6 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 10 November 2022 as a Committee composed of:
Armen Harutyunyan, President,
Anja Seibert-Fohr,
Ana Maria Guerra Martins, 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 observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of an effective remedy in this respect were communicated to the Portuguese Government (“the Government”).
THE LAW
Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Article 3 of the Convention (inadequate conditions of detention)In the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the complaints about the conditions of detention are inadmissible.
Conditions of detention concerning the last period of detentionThe applicants were detained in different prison facilities. During their last, most recent and/or current period of detention, the applicants were detained at Carregueira Prison (applications nos. 53925/19, 55842/19, 60808/19, 61332/19, 62142/19 and 62146/19) and Vale de Judeus Prison (application no. 61323/19).
Having regard to all of the available material and the parties’ arguments, the Court finds that it cannot establish that the applicants suffered in these prison facilities from severe overcrowding of the kind that could entail, on its own, a violation of Article 3 (see Muršić v. Croatia [GC], no. 7334/13, 20 October 2016) nor can it be found that the cumulative effect of the other aspects of the detention which the applicants complained about reached the threshold of severity required to characterise the treatment as inhuman or degrading within the meaning of Article 3 (see Bokor v. Portugal, no. 5227/18, § 34, 10 December 2020).
In view of the above, the Court finds that the complaints related to these periods of the applicants’ detention (for further details see the appended table) are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Conditions of detention before their last prison transferConcerning applications nos. 53925/19, 55842/19, 60808/19, 61332/19, 62142/19 and 62146/19, in light of the conclusion above, the Court finds that the applicants’ transfer to the last prison facility interrupted the «continuing situation» of their conditions of detention. Therefore, the applicants’ complaints concerning the conditions of detention regarding the period prior to his last prison transfer are belated (see Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 75-78, 10 January 2012); and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
Remaining complaintsInvoking Article 8 of the Convention, the applicants complained that five-minute telephone calls per day were insufficient to maintain contact with their family and friends. The Court notes that this limitation is established in section 132 of the prison regulation. Furthermore, the Committee on the Prevention Against Torture (CPT) has considered five minutes per day of telephone calls to be satisfactory (see Bădulescu v. Portugal, no. 33729/18, §§ 36-37, 20 October 2020). Given the other means of communication available to the applicants as detainees to maintain contact with their family and friends, it follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Under Article 10 of the Convention, the applicants complained of the lack of access to the Internet, namely, to access government sites and relevant legal information. The Court’s case-law has established that Article 10 cannot be interpreted as imposing a general obligation to provide access to the Internet, or to specific Internet sites, for prisoners (see Kalda v. Estonia, no. 17429/10, § 45, 19 January 2016). It is also noted that the applicant did not submit any request in this regard to the Director of the prison. It follows that this complaint is inadmissible and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Under Article 13 of the Convention, the applicants also complained of the lack of an effective remedy in respect of their conditions of detention. The Court notes that, according to its established case-law, Article 13 of the Convention applies only where an individual has an “arguable claim” to be a victim of a violation of a Convention right (see Boyle and Rice v. the United Kingdom, 27 April 1988, § 52, Series A no. 131, and Narcisio v. Netherlands (dec.), no. 47810/99, 27 January 2005). Having regard to the findings above as to the applicants’ complaints under Article 3 of the Convention about their conditions of detention, the Court concludes that they are not “arguable” for the purposes of Article 13. It follows that this complaint must also be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 1 December 2022.
Viktoriya Maradudina Armen Harutyunyan
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
Facility
Start and end date
Duration
Sq. m per inmate
Specific grievances
53925/19
04/10/2019
Cláudio Jorge SANTOS SOUSA
1976
Carreto Vítor
Torres Vedras
Setúbal Prison
18/02/2015 to
05/03/2015
16 days
Lisbon Prison
05/03/2015 to
11/03/2015
7 days
Lisbon Prison
11/03/2015 to
24/02/2017
1 year and 11 months and 14 days
Carregueira Prison
24/02/2017 to
01/03/2017
6 days
Carregueira Prison
01/03/2017 to
16/10/2017
8 months and 16 days
Carregueira Prison
16/10/2017 to
18/08/2021
3 years and 9 months and 3 days
2 inmates
7.5 m²
1 toilet
3 inmates
3.7 m²
1 toilet
1 inmate
7.14 m²
1 toilet
1 inmate
23 m²
1 toilet
5 inmates
5.64 m²
1 toilet
1 inmate
9.90 m²
1 toilet
No activities outside the cell
lack of fresh air, inadequate temperature, lack of or insufficient natural light, mouldy or dirty cell, lack of or insufficient electric light, lack of toiletries, lack of or insufficient quantity of food, lack of or insufficient physical exercise in fresh air, bad odours, lack of requisite medical assistance, noise, overcrowding, lack of privacy for toilet
idem
poor quality of food, lack of or insufficient quantity of food
idem
idem
55842/19
21/10/2019
Fernando AUGUSTO CARDOSO
1959
Carreto Vítor
Torres Vedras
Setúbal Prison
05/12/2015 to
24/05/2017
1 year and 5 months and 20 days
Carregueira Prison
24/05/2017 to
26/05/2017
3 days
Carregueira Prison
26/05/2017 to
03/09/2017
3 months and 9 days
Carregueira Prison
03/09/2017 to
22/11/2018
1 year and 2 months and 20 days
Carregueira Prison
22/11/2018 to
05/12/2018
14 days
Carregueira Prison
05/12/2018 to
15/02/2019
2 months and 11 days
Carregueira Prison
15/02/2019
pending
More than 3 years and 7 months and 2 days
3 inmates
2 m²
1 toilet
1 inmate
23 m²
1 toilet
5 inmates
6.14 m²
1 toilet
1 inmate
23 m²
1 toilet
5 inmates
6.76 m²
1 toilet
1 inmate
23 m²
1 toilet
5 inmates
6.14 m²
1 toilet
lack of fresh air, inadequate temperature, overcrowding, lack of privacy for toilet, lack of or insufficient quantity of food, poor quality of food, lack of toiletries, lack or inadequate furniture, lack of requisite medical assistance
poor quality of food, lack of or insufficient quantity of food
idem
idem
idem
idem
idem
60808/19
12/11/2019
Domingos LAFAIETE COSTA QUEIRÓS
1962
Carreto Vítor
Torres Vedras
Setúbal Prison
06/01/2016 to
28/10/2016
9 months and 23 days
Carregueira Prison
28/10/2016 to
02/11/2016
6 day(s
Carregueira Prison
02/11/2016
pending
More than 5 years and 10 months and 15 days
4 inmates
1.50 m²
1 toilet
23 inmates
1 m²
1 toilet
5 inmates
6.14 m²
1 toilet
overcrowding, inadequate temperature, lack of or insufficient quantity of food, poor quality of food, lack of or restricted access to leisure or educational activities, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, limited access to the telephone and no access to the internet
poor quality of food
idem
61323/19
18/11/2019
Francisco José CRUZ LEITÃO
1968
Carreto Vítor
Torres Vedras
Vale de Judeus Prison
19/06/2012
pending
More than 10 years and 2 months and 29 days
1 inmate
6.98 m²
1 toilet
poor quality of bedding and bed linen, bad odours, poor quality of food
61332/19
18/11/2019
Ramesh Manuel MEGGI CALA
1970
Carreto Vítor
Torres Vedras
Vale de Judeus Prison
01/01/2011 to
25/02/2011
1 month and 25 days
Carregueira Prison
25/02/2011 to
11/03/2011
15 days
Carregueira Prison
11/03/2011
pending
More than 11 years and 6 months and 6 days
5 inmates
4 m²
1 toilet
1 inmate
23 m²
1 toilet
5 inmates
6.14 m²
1 toilet
overcrowding, inadequate temperature, lack of fresh air, passive smoking, lack of or insufficient electric light,
poor quality of food
idem
62142/19
25/11/2019
Carlos Artur MONTEIRO PITEIRA AZEDA
1965
Carreto Vítor
Torres Vedras
Setúbal Prison
19/10/2016 to
09/03/2018
1 year and 4 months and 19 days
Carregueira Prison
09/03/2018 to
14/03/2018
6 days
Carregueira Prison
14/03/2018
pending
More than 4 years and 6 months and 3 days
8 inmates
2 m²
1 toilet
1 inmate
23 m²
1 toilet
5 inmates
6.14 m²
1 toilet
overcrowding, passive smoking, inadequate temperature, poor quality of food, lack of privacy for toilet, mouldy or dirty cell
poor quality of food
idem
62146/19
25/11/2019
David PEREIRA MARTINS
1980
Carreto Vítor
Torres Vedras
Setúbal Prison
27/06/2015 to
21/12/2017
2 years and 5 months and 25 days
Carregueira Prison
21/12/2017 to
08/01/2018
19 days
Carregueira Prison
08/01/2018 to
21/03/2018
2 months and 14 days
Carregueira Prison
21/03/2018
pending
More than 4 years and 5 months and 27 days
5 inmates
2 m²
1 toilet
1 inmate
23 m²
1 toilet
5 inmates
6.76 m²
1 toilet
5 inmates
6.14 m²
1 toilet
overcrowding, passive smoking, inadequate temperature, lack of privacy for toilet, lack of fresh air, mouldy or dirty cell, lack of requisite medical assistance, poor quality of food, lack of or restricted access to leisure or educational activities, limited access to the telephone and no access to the internet
poor quality of food
idem
idem