Published on 8 November 2021

FOURTH SECTION

Application no. 30138/21 Rui Miguel MIRANDA MAGRO against Portugal lodged on 9 June 2021 communicated on 19 October 2021

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s detention at the Caxias Prison Hospital, following his conviction to a security measure ( medida de segurança de internamento ) at a psychiatric establishment for damage, threat and sexual harassment.

Under Article 3, the applicant complains of his conditions of detention. He claims that he should have been detained in a psychiatric facility.

QUESTIONS TO THE PARTIES

1. Has the applicant been subject to inhuman and degrading treatment, in breach of Article 3?

In particular:

(a) Is the applicant receiving an adequate medical treatment at the Prison Hospital of Caxias (see Rooman v. Belgium [GC], no. 18052/11, §§ 146-148, 31 January 2019; and Strazimiri v. Albania , no. 34602/16, § 103, 21 January 2020)?

(b) Are the applicant’s conditions of detention in conformity with the applicant’s state of health, and with the decision issued by the Criminal Court of Évora on 2 February 2021?

2. Has there been a breach of Article 5 § 1 of the Convention? In particular, considering the mental health conditions of the applicant, is his detention in a hospital ward of a regular prison establishment compatible with Article 5 § 1 e) of the Convention (see Ilnseher v. Germany [GC], nos. 10211/12 and 27505/14, § 127, 4 December 2018, and Rooman , cited above, § 192) ?