Published on 25 September 2023

FOURTH SECTION

Application no. 31946/21 Ricardo Jorge FERREIRA DA SILVA MACEDO against Portugal lodged on 15 June 2021 communicated on 6 September 2023

SUBJECT MATTER OF THE CASE

The application concerns the alleged violation of the applicant’s right under Article 5 of the Convention to be brought promptly before a judge following his arrest.

On 5 April 2016 the applicant was arrested, together with 13 other suspects, on suspicion of aggravated drug trafficking and conspiracy, passive corruption and money laundering following an arrest warrant issued on 11 March 2016 by the Lisbon Public Prosecutor’s Office.

On 7 April 2016 the suspects were presented for identification purposes to the investigating judge of the Lisbon Criminal Investigation Court. At this hearing the investigating judge considered the legality of the detention of some of the suspects but not of the applicant. At the resumed hearing on 12 April 2016 the applicant was questioned by the investigation judge of the Lisbon Criminal Investigation Court, who, on 13 April 2016, ordered that he be placed in pre-trial detention.”

On 6 May 2021 the Civil Court of Lisbon dismissed the applicant’s non ‑ contractual liability action lodged against the State for illegal detention.

QUESTION TO THE PARTIES

Was the applicant brought promptly before a judge or other officer authorised by law to exercise judicial power, as required by Article 5 § 3 of the Convention (see Aquilina v. Malta [GC], no. 25642/94, §§ 47-49, ECHR 1999-III; McKay v. the United Kingdom [GC], no. 543/03, § 47, ECHR 2006 ‑ X; Gutsanovi v. Bulgaria , no. 34529/10, §§ 153-55 and 157-58, ECHR 2013 (extracts); and Döner and Others v. Turkey , no. 29994/02, §§ 53-54, 7 March 2017)?