BUZDUGAN AND OTHERS v. PORTUGAL
Doc ref: 57569/18;11890/19;12476/19;16350/19;20114/19;23133/19;25337/19;25473/19;39454/19;40466/19;40468/19 • ECHR ID: 001-214610
Document date: November 25, 2021
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FOURTH SECTION
DECISION
Application no. 57569/18 Ionel BUZDUGAN against Portugal and 10 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 November 2021 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 observations submitted by the respondent Government and the observations in reply submitted by the applicants;
Having regard to the fact that the Romanian Government did not express the wish to intervene in the present case with regard to applications nos. 57569/18, 11890/19, 20114/19, 25337/19, 25473/19, 39454/19, 40466/19 and 40468/19 (Article 36 § 1 of the Convention and Rule 44 § 1 (a) of the Rules of Court);
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Portuguese Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
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.
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.
The applicants were detained in different prison facilities. During their last, most recent and/or current, period of detention, the applicants were detained at Funchal Prison (applications nos. 57569/18 and 25337/19), Vale de Judeus Prison (applications nos. 16350/19 and 23133/19), Carregueira Prison (applications nos. 25473/19, 39454/19, 40466/19 and 40468/19), Linhó Prison (application no. 11890/19), Leiria Prison (application no. 12476/19) and Sintra Prison (application no. 20114/19).
Having regard to all of the available material and the parties’ arguments, the Court finds that it cannot be established that the applicants suffered in these 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 , no. 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 and 4 of the Convention.
2. Conditions of detention before their last prison transfer
Concerning applications nos. 57569/18, 11890/19, 16350/19, 20114/19, 23133/19, 25337/19, 25473/19, 40466/19 and 40468/19, 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 their last prison transfer are belated (see Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 77-78, 10 January 2012; and Eskerkhanov and Others v. Russia , nos. 18496/16 and 2 others, § 31, 25 July 2017) and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
Some applicants also raised other complaints under various articles of the Convention.
In applications nos. 11890/19, 12476/19, 25473/19, 39454/19, 40466/19, and 40468/19, relying on Article 3 of the Convention, the applicants complained of inhuman conditions of transport during their prison transfers. The Court notes that their most recent prison transfer had taken place more than six months before they lodged their applications with the Court. This complaint is thus belated and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
In applications nos. 16350/19 and 23133/19, invoking 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.
In application no. 12476/19, under Article 13 of the Convention, the applicant complained of the lack of an effective remedy to complain against the poor conditions of detention in Portugal. The Court notes that, according to the Court’s established case-law, Article 13 applies only where an individual has an “arguable claim” to be the victim of a violation of a Convention right (see Boyle and Rice v. the United Kingdom , 27 April 1988, § 52, Series A no. 131). Having regard to the findings above in respect of the applicant’s complaints under Article 3 about the conditions of detention, the Court concludes that he did not have an “arguable claim”, and that therefore Article 13 is not applicable. It follows that this complaint must 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 16 December 2021.
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
57569/18
26/11/2018
Ionel BUZDUGAN
1986Peter Irina Maria
Bucharest
Judicial Police Prison
06/11/2013 to
09/11/2013
4 days
Judicial Police Prison
09/11/2013 to
09/01/2014
2 months and 1 day
Lisbon Central Prison
09/01/2014 to
18/04/2017
3 years and 3 months and 10 days
Funchal Prison
05/05/2017 to
18/10/2018
1 year and 5 months and 14 days
7 inmates
1.9 m²
1 toilet
2 inmates
1.9 m²
1 toilet
2 inmates
4 m²
1 toilet
1 inmate
5.7 m²
1 toilet
overcrowding, bunk beds, lack of or inadequate hygienic facilities, lack of privacy for toilet, mouldy or dirty cell, lack or insufficient quantity of food, lack of or insufficient natural light, infestation of cell with insects/rodents, inadequate temperature, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or poor quality of bedding and bed linen
idem
overcrowding, bunk beds, lack of or inadequate hygienic facilities, lack of privacy for toilet, mouldy or dirty cell, lack or insufficient quantity of food, lack of or insufficient natural light, infestation of cell with insects/rodents, inadequate temperature, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or poor quality of bedding and bed linen
mouldy or dirty cell, poor quality of food
11890/19
18/02/2019
Alexandru TAȘCĂ
1990Peter Irina Maria
Bucharest
Judicial Police Prison
09/03/2012 to
13/04/2012
1 month and 5 days
Caxias Prison
13/04/2012 to
26/06/2015
3 years and 2 months and 13 days
Linhó Prison
26/06/2015 to
05/10/2018
3 years and 3 months and 9 days
2 inmates
3 m²
1 toilet
4 inmates
3 m²
1 inmate
6.4 m²
1 toilet
poor quality of food, overcrowding, lack of fresh air, mouldy or dirty cell, inadequate temperature, lack of privacy for toilet, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of or restricted access to leisure or educational activities
poor quality of food, overcrowding, lack of fresh air, mouldy or dirty cell, inadequate temperature, lack of privacy for toilet, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of or restricted access to leisure or educational activities
poor quality of food, lack of fresh air
12476/19
22/02/2019
João Miguel SARREIRA ALBUQUERQUE
1973Carreto Vítor
Torres Vedras
Leiria Prison
05/07/2018 to
03/10/2019
1 year and 2 months and 27 days
9 inmates
3.3 m²
1 toilet
mouldy or dirty cell, noise
16350/19
19/03/2019
Mário GOMES REIS
1962Carreto Vítor
Torres Vedras
Coimbra Prison
03/02/1995 to
04/04/2014
19 years and 2 months and 2 days
Vale de Judeus Prison
04/04/2014
pending
More than 7 years and 6 months and 23 days
2 inmates
7 m²
1 inmate
5.4 m²
1 toilet
mouldy or dirty cell, poor quality of food, no or restricted access to shower, overcrowding, passive smoking, limited access to the telephone
mouldy or dirty cell, poor quality of food, limited access to the telephone
20114/19
01/04/2019
IonuÈ› GEMÄ‚NAR
1985Peter Irina Maria
Bucharest
Lisbon Judicial Police Prison
06/06/2015 to
26/06/2015
20 days
Lisbon Prison
27/06/2015 to
12/01/2018
2 years and 6 months and 17 days
Sintra Prison
12/01/2018 to
05/11/2018
9 months and 25 days
2 inmates
4.85 m²
2 inmates
5.2 m²
3 inmates or individual cells
>4.26 m²
1 toilet
overcrowding, bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, poor quality of food, lack of hygienic facilities for courtyards, poor quality of bedding and bed linen, lack of privacy for toilet, infestation of cells with insects, mouldy or dirty cells, small courtyards, no access to potable water, inadequate temperature during winter, lack of toiletries
overcrowding, bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, poor quality of food, lack of hygienic facilities for courtyards, poor quality of bedding and bed linen, lack of privacy for toilet, infestation of cells with insects, mouldy or dirty cells, small courtyards, no access to potable water, inadequate temperature during winter, lack of toiletries
lack of hygienic facilities for courtyards, small courtyards, lack of toiletries
23133/19
11/04/2019
Lúcio NUNES MARIA
1968Carreto Vítor
Torres Vedras
Torres Novas Police Prison
11/01/2012 to
13/01/2012
3 days
Torres Novas Prison
13/01/2012 to
23/01/2012
11 days
Lisbon Central Prison
23/01/2012 to
11/07/2013
1 year and 5 months and 20 days
Vale de Judeus Prison
11/07/2013 to 11/07/2019
6 years
1 inmate
7 m²
1 toilet
1 inmate
5 m²
1 toilet
1 inmate
5 m²
1 toilet
1 inmate
6.9 m²
1 toilet
inadequate temperature, mouldy or dirty cell
passive smoking, poor quality food, overcrowding, inadequate temperature, lack of access to warm water
passive smoking, poor quality food, insufficient quantity of food, infestation of cell with insects/rodents, lack of toiletries, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack of requisite medical assistance, overcrowding
insufficient quantity of food, lack of toiletries
25337/19
03/05/2019
Eugen-Iulius HANDUC
1978Peter Irina Maria
Bucharest
Lisbon Judicial Police Prison
07/12/2013 to
09/01/2014
1 month and 3 days
Lisbon Prison
09/01/2014 to
05/09/2016
2 years and 7 months and 28 days
Funchal Prison
05/09/2016 to
05/04/2019
2 years and 7 months and 1 day
2 inmates
4 m²
1 toilet
3 inmates
2.6 m²
1 toilet
1 inmate
5.5 m²
1 toilet
overcrowding, bunk beds, lack of privacy for toilet, inadequate temperature during winter, poor quality of bedding and bed linen, insufficient natural light, mouldy or dirty cell, poor quality of food, flooded cells, infestation of cells with insects, lack of electric light, no or restricted access to potable water, no or restricted access to shower, concrete bed, lack of dental office
idem
poor quality of food, absence of a dental office
25473/19
03/05/2019
Ionel BENCHEA
1973Peter Irina Maria
Bucharest
Lisboa Judicial Police Prison
09/03/2012 to
13/04/2012
1 month and 5 days
Caxias Prison
13/04/2012 to
15/07/2015
3 years and 3 months and 3 days
Carregueira Prison
15/07/2015 to
12/07/2019
3 years and 11 months and 28 days
4 inmates
4 m²
4 inmates
3 m²
1 toilet
5 inmates
4,8 m²
1 toilet
bunk beds, poor quality of bedding and bed linen, poor quality of food, lack of or insufficient physical exercise in fresh air, inadequate temperature during winter, mouldy or dirty cells, lack of fresh air, only having access to one telephone call per day, overcrowding
bunk beds, poor quality of bedding and bed linen, poor quality of food, lack of or insufficient physical exercise in fresh air, inadequate temperature during winter, mouldy or dirty cells, lack of fresh air, only having access to one telephone call per day, overcrowding
poor quality of bedding and bed linen, poor quality of food
39454/19
15/07/2019
Ioan ROSUÅž
1984Peter Irina Maria
Bucharest
Carregueira Prison
04/11/2011
pending
More than 9 years and 11 months and 23 days
5 inmates
4.6 m²
1 toilet
poor quality of bedding and bed linen, poor quality of food
40466/19
15/07/2019
Ion RADU
1976Peter Irina Maria
Bucharest
Faro Prison
30/01/2007 to
06/02/2007
8 days
Lisbon Central Prison
06/02/2007 to
07/11/2008
1 year and 9 months and 2 days
Carregueira Prison
07/11/2008
pending
More than 12 years and 11 months and 20 days
21 inmates
2.6 m²
1 toilet
2 inmates
3 m²
1 toilet
5 inmates
4.8 m²
1 toilet
overcrowding, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air
overcrowding, bunk beds, poor quality of bedding and bed linen, poor quality of food, lack of or insufficient physical exercise in fresh air, inadequate temperature during winter, mouldy or dirty cells, lack of fresh air
poor quality of bedding and bed linen, poor quality of food
40468/19
15/07/2019
Dumitru PEKURA
1977Peter Irina Maria
Bucharest
Lisbon Central Prison
21/10/2001 to
05/12/2012
11 years and 1 month and 15 days
Carregueira Prison
05/12/2012 to
17/04/2019
6 years and 4 months and 13 days
2 inmates
3 m²
1 toilet
5 inmates
4.6 m²
1 toilet
overcrowding, bunk beds, poor quality of bedding and bed linen, poor quality of food, lack of or insufficient physical exercise in fresh air, inadequate temperature during winter, mouldy or dirty cells, lack of fresh air
poor quality of bedding and bed linen, poor quality of food