FOURTH SECTION
DECISION
Application no. 28879/20
Miguel Ângelo TAVARES against Portugal
and 2 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 24 February 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by V. Carreto, a lawyer practising in Torres Vedras.
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 Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the inadequate conditions of detention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications 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 cases.
The applicants informed the Court that they agreed to the terms of the declarations.
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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore 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 the continued examination of the applications in the part concerning the applicants’ complaints about poor conditions of detention.
In view of the above, it is appropriate to strike the cases out of the list in that part.
In so far as the applicants referred to Article 13 of the Convention, the Court, in the light of the above unilateral declarations, does not consider it necessary to examine separately that complaint.
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 in the part covered by the Government’s unilateral declarations accepted by the applicants;
Decides that there is no need to examine the complaint under Article 13 of the Convention.
Done in English and notified in writing on 17 March 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
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
28879/20
07/07/2020
Miguel Ângelo TAVARES
1995
20/12/2021
29/12/2021
8,500
28893/20
07/07/2020
António HOLDEM GOMES VEIGA
1985
20/12/2021
29/12/2021
8,500
28906/20
07/07/2020
Nelson Miguel RAMOS PEREIRA
1989
20/12/2021
29/12/2021
8,500
[1] Plus any tax that may be chargeable to the applicants.