European Court of Human Rights

 

 

 

FOURTH SECTION

CASE OF RIBEIRO DOS SANTOS AND JEVDOKIMOVS

v. PORTUGAL

(Applications nos. 28688/20 and 8655/21)

 

 

 

 

 

JUDGMENT

 

STRASBOURG

15 September 2022

 

 

 

This judgment is final but it may be subject to editorial revision.

 

In the case of Ribeiro dos Santos and Jevdokimovs v. Portugal,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

          Armen Harutyunyan, President,

          Jolien Schukking,

          Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 25 August 2022,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in applications against Portugal lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2.  The Portuguese Government (“the Government”) were given notice of the applications.

THE FACTS

3.  The list of applicants and the relevant details of the applications are set out in the appended table.

4.  The applicants complained of the inadequate conditions of their detention.

THE LAW

I.        JOINDER OF THE APPLICATIONS

5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

II.     THE GOVERNMENT’S REQUEST TO STRIKE THE APPLICATIONS OUT UNDER ARTICLE 37 § 1 OF THE CONVENTION

6.  The Government submitted unilateral declarations which did not offer a sufficient basis for finding that respect for human rights as defined in the Convention does not require the Court to continue its examination of the cases (Article 37 § 1 in fine). The Court rejects the Government’s request to strike the applications out and will accordingly pursue its examination of the merits of the cases (see Tahsin Acar v. Turkey (preliminary issue) [GC], no. 26307/95, § 75, ECHR 2003‑VI).

III.   ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION

7.  The applicants complained of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

 

9.  In the leading case of Petrescu v. Portugal, no. 23190/17, 3 December 2019, the Court already found a violation in respect of issues similar to those in the present case.

10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate.

11.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

IV.  APPLICATION OF ARTICLE 41 OF THE CONVENTION

12.  Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

13.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Muršić, cited above, §§ 181 and 184), the Court considers it reasonable to award the sums indicated in the appended table.

14.  The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1.      Decides to join the applications;

2.      Rejects the Government’s request to strike the applications out of its list of cases under Article 37 § 1 of the Convention on the basis of the unilateral declarations which they submitted;

3.      Declares the applications admissible;

4.      Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention;

5.      Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table,

(b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 15 September 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

                       

      Viktoriya Maradudina                                         Armen Harutyunyan

    Acting Deputy Registrar                                                President

 

                       

 

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention)