FOURTH SECTION
DECISION
Applications nos. 50674/19 and 54132/19
Miguel Artur TAVARES FERNANDES against Portugal
and Fernando DE BRITO SANCHES against Portugal
The European Court of Human Rights (Fourth Section), sitting on 2 February 2023 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 were represented by Mrs. Irina Maria Peter, a lawyer practising in Bucharest.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention 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)Conditions of detention concerning the last or most recent periods of detentionIn 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.
The applicants were detained in different prison facilities. During their last period of detention, the applicants were detained at Vale de Judeus Prison (application no. 50674/19) and successively in Alcoentre and Sintra Prisons (application no. 54132/19). Both applicants spent their last or most recent periods of detention in open detention regime, staying overnight in dorm units with bunk beds, with a personal space of at least 4.3 sq. m and 5.92 sq. m, respectively.
Having regard to all the available material and the parties’ arguments, the Court finds that it cannot be established that the applicants suffered in the above-mentioned prison facilities from severe overcrowding in detention 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, n. 5227/18, § 34, 10 December 2020).
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
Conditions of detention before applicants’ transfer to Vale de Judeus Prison (application no. 50674/19) and Alcoentre Prison (application no. 54132/19)In light of the conclusion above, the Court finds that the applicants’ transfer to Vale de Judeus Prison (application no. 50674/19) and Alcoentre Prison (application no. 54132/19) interrupted the “continuing situation” of their conditions of detention. Therefore, the applicants’ complaints concerning the conditions of detention regarding their detention at the Lisbon Prison (application no. 50674/19) and Porto Prison (application no. 54132/19) prior to their last prison transfer are belated (see, for instance, Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 77-78, 10 January 2012) and must be rejected in accordance with Article 35 §§ 1 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 2 March 2023.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
Application 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
50674/19
10/09/2019
Miguel Artur TAVARES FERNANDES
1986
Irina Maria Peter
București
Lisbon Prison
30/11/2013 to
23/02/2015
1 year and 2 months and 25 days
***
Vale de Judeus Prison
23/02/2015 to
27/07/2018
3 years and 5 months and 5 days
***
Vale de Judeus Prison
27/07/2018 to
03/06/2020
1 year and 10 months and 8 days
2 inmates
4 m²
1 toilet
***
1 inmate
6.98 m²
1 toilet
***
5 inmates
4.3 m²
1 toilet
concrete bed, concrete cabinet, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of privacy for toilet, lack of fresh air, lack or inadequate furniture, mouldy or dirty cell, poor quality of food, no or restricted access to warm water, lack of or insufficient natural light, inadequate temperature, overcrowding, lack of or insufficient physical exercise in fresh air, collective showers, no or restricted access to running water
***
mouldy or dirty cell, collective showers
***
lack of or restricted access to leisure or educational activities, mouldy or dirty cell
54132/19
07/10/2019
Fernando DE BRITO SANCHES
1972
Irina Maria Peter
București
Porto Prison
29/05/2013 to
19/03/2015
1 year 9 months and 20 days
***
Alcoentre Prison
19/03/2015 to
24/05/2017
2 years and 2 months and 6 days
***
Alcoentre Prison
24/05/2017 to
20/08/2018
1 year and 2 months and 28 days
***
Sintra Prison
20/08/2018 to
06/05/2019
8 months and 17 days
9 inmates
1.66 m²
***
1 inmate
3.92 m²
***
3 inmates
6 m²
1 toilet
***
3 inmates
5.92 m²
1 toilet
bunk beds, overcrowding, mouldy or dirty cell, lack of or insufficient electric light, poor quality of food, inadequate temperature
***
lack of privacy for toilet
***
lack of fresh air, lack of privacy for toilet, lack of or insufficient natural light
***
lack of or poor quality of bedding and bed linen