DA SILVA MONTEIRO AND OTHERS v. PORTUGAL
Doc ref: 51226/20;33029/21;36258/21;37660/21;49328/21;51159/21;52055/21;53416/21 • ECHR ID: 001-223139
Document date: January 19, 2023
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FOURTH SECTION
DECISION
Application no. 51226/20 José António DA SILVA MONTEIRO against Portugal and 7 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 19 January 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’ 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
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, Coimbra Prison (application no. 51226/20), Sintra Prison (application no. 33029/21), Carregueira Prison (applications nos. 36258/21 and 37660/21), Izeda Prison (application no. 49328/21), Leiria Prison (application no. 51159/21), and Caxias Prison (applications nos. 52055/21 and 53416/21).
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 a) and 4 of the Convention.
Concerning applications nos. 51226/20, 37660/21, 49328/21, 52055/21, and 53416/21, 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, §§ 75-78, 10 January 2012); and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
Under Article 13 of the Convention, the applicants in applications nos. 33029/21, 36258/21, 37660/21, 51159/21, 52055/21, and 53416/21, 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 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 9 February 2023.
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
51226/20
10/11/2020
José António DA SILVA MONTEIRO
1976Rodrigo Mendes Martins
Lisbon
Judicial Prison of Porto
06/02/2002 to
08/02/2002
3 days
Porto Prison
08/02/2002 to
01/04/2004
2 years and 1 months and 25 days
Coimbra Prison
01/04/2004 to
22/12/2007
3 years and 8 months and 22 days
Coimbra Prison
22/12/2007 to
15/02/2021
13 years and 2 months and
22 days
Coimbra Prison
15/02/2021 to
01/03/2021
15 days
Coimbra Prison
01/03/2021 to
31/05/2021
3 months
Coimbra Prison
31/05/2021 to
14/06/2021
15 days
Coimbra Prison
14/06/2021 to
30/09/2021
3 months and 17 days
Coimbra Prison
30/09/2021 to
11/10/2021
12 days
Coimbra Prison
11/10/2021
pending
More than 1 year and 29 days
3 inmates
2.3 m²
1 toilet
2 inmates
3.5 m²
1 toilet
8 inmates
1.5 m²
1 toilet
1 inmate
5.67 m²
1 toilet
1 inmate
16.74 m²
1 toilet
1 inmate
5.67 m²
1 toilet
3 inmates
10.44 m²
1 toilet
1 inmate
5.67 m²
1 toilet
1 inmate
16.74 m²
1 toilet
1 inmate
5.67 m²
1 toilet
lack of or insufficient natural light, mouldy or dirty cell, lack of privacy for toilet, lack of or inadequate mattress and bed linen, inadequate temperature, passive smoking,
lack of or poor quality of mattress and bed linen, lack of privacy for toilet, inadequate temperature, overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, passive smoking,
overcrowding, passive smoking, lack of or insufficient natural light, lack of or insufficient electric light, inadequate temperature, mouldy or dirty cell,
lack of or restricted access to leisure or educational activities, infestation of cell with insects/rodents
idem
idem
idem
idem
idem
idem
33029/21
18/06/2021
Aparício Rodrigues TAVARES BAMBI
1986Vítor Carreto
Torres Vedras
Sintra Prison
07/05/2021 to
19/08/2021
3 months and 13 days
Sintra Prison
19/08/2021
pending
More than 1 year and 2 months and 20 days
3 inmates
4.2 m²
1 toilet
1 inmate
5.18 m²
1 toilet
lack of fresh air, lack of privacy for toilet
idem
36258/21
09/07/2021
Adelino DE SEIXAS LAMAS
1957Vítor Carreto
Torres Vedras
Carregueira Prison
10/05/2017 to
01/01/2019
1 year and 7 months and 23 days
Carregueira Prison
01/01/2019
pending
More than 3 years and 10 months and 8 days
5 inmates
6.14 m²
1 toilet
6 inmates
5.12 m²
1 toilet
poor quality of food, mouldy or dirty cell
idem
37660/21
20/07/2021
Luís Miguel ANDRADE GONÇALVES
1968Vítor Carreto
Torres Vedras
Lisbon Central Prison
24/09/2019 to
15/10/2019
22 days
Carregueira Prison
15/10/2019 to
22/10/2019
8 days
Carregueira Prison
22/10/2019 to
15/11/2019
25 days
Carregueira Prison
15/11/2019 to
12/02/2020
2 months and 29 days
Carregueira Prison
12/02/2020
pending
More than 2 years and 8 months and 27 days
1 inmate
1.7 m²
1 toilet
1 inmate
7.7 m²
1 toilet
6 inmates
5.12 m²
1 toilet
5 inmates
6.14 m²
1 toilet
6 inmates
5.12 m²
1 toilet
infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of privacy for shower
lack or insufficient quantity of food
idem
idem
idem
49328/21
28/10/2021
Andrei PETER
1975Silves Prison
16/06/2017 to
10/05/2018
10 months and 25 days
Izeda Prison
10/05/2018 to
09/01/2021
2 years and 8 months
Izeda Prison
09/01/2021 to
04/02/2021
27 days
Izeda Prison
04/02/2021 to
14/09/2021
7 months and 11 days
5 inmates
2.68 m²
1 toilet
6 inmates
3.23 m²
1 toilet
6 inmates
3.32 m²
1 toilet
6 inmates
3.23 m²
1 toilet
overcrowding, passive smoking, sharing cells with inmates infected with contagious disease, lack of privacy for toilet, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of or inadequate hygienic facilities, lack of fresh air, lack of requisite medical assistance, lack of access to work
51159/21
11/10/2021
Dominik SAMI SCHMIDT
1996Vítor Carreto
Torres Vedras
Leiria Prison
20/05/2021 to
08/06/2021
20 days
Leiria Prison
08/06/2021
pending
More than 1 year and 5 months
1 inmate
6.8 m²
1 toilet
9 inmates
3.5 m²
1 toilet
lack of fresh air
idem
52055/21
18/10/2021
Bruno PEREIRA GONÇALVES
1998Vítor Carreto
Torres Vedras
Judicial Police Prison
23/09/2019 to
09/10/2019
17 days
Caxias Prison
09/10/2019 to
25/10/2019
17 days
Caxias Prison
25/10/2019 to
12/11/2019
19 days
Caxias Prison
12/11/2019 to
03/05/2021
1 year and 5 months and 22 days
Caxias Prison
03/05/2021 to
01/09/2021
3 months and 30 days
4 inmates
3.12 m²
1 toilet
2 inmates
7.2 m²
1 toilet
8 inmates
4.66 m²
1 toilet
8 inmates
4.3 m²
1 toilet
8 inmates
4.6 m²
1 toilet
lack of fresh air, poor quality of food, overcrowding, lack of privacy for toilet, lack of or insufficient quantity of food, inadequate temperature, mouldy or dirty cell, lack of requisite medical assistance
53416/21
21/10/2021
Pedro Filipe GASPAR RIBEIRO
1995Vítor Carreto
Torres Vedras
Caxias Prison
30/08/2017 to
03/03/2020
2 years and 6 months and 4 days
Caxias Prison
03/03/2020 to
20/04/2020
1 month and 18 days
Caxias Prison
20/04/2020 to
02/02/2021
9 months and 14 days
Caxias Prison
02/02/2021 to
16/02/2021
15 days
Caxias Prison
16/02/2021 to
20/04/2021
2 months and 5 days
Caxias Prison
20/04/2021 to
26/04/2021
7 days
Caxias Prison
26/04/2021 to
12/05/2021
17 days
Caxias Prison
12/05/2021
pending
More than 1 year and 6 months and 7 days
4 inmates
2 m²
1 toilet
10 inmates
3.62 m²
1 toilet
2 inmates
4.39 m²
1 toilet
8 inmates
4.36 m²
1 toilet
2 inmates
4.83 m²
1 toilet
8 inmates
4.36 m²
1 toilet
2 inmates
4.83 m²
1 toilet
8 inmates
4.66 m²
1 toilet
overcrowding, lack of fresh air, inadequate temperature, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, passive smoking, lack of or insufficient quantity of food, poor quality of food, lack of requisite medical assistance, sharing cells with inmates infected with contagious disease
detention with other inmates that were infected with Covid-19