Tribunal Europeu dos Direitos Humanos

2023-03-03 / 11:21

Tortura, penas ou tratamentos desumanos ou degradantes: artigo 3.º da CEDH  

02-03-2023

CASE OF DOS SANTOS NEVES v. PORTUGAL

53415/21   |   Judgment (Merits and Just Satisfaction)   |  Court (Fourth Section Committee)   |   02/03/2023

Document URL: https://hudoc.echr.coe.int/eng?i=001-223305

EUROPEAN COURT OF HUMAN RIGHTS

COUR EUROPÉENNE DES DROITS DE L'HOMME

FOURTH SECTION

CASE OF DOS SANTOS NEVES v. PORTUGAL

(Application no. 53415/21)

JUDGMENT

 STRASBOURG

2 March 2023

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

In the case of dos Santos Neves v. Portugal,

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

Armen Harutyunyan, President,
Anja Seibert-Fohr,
Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 2 February 2023,

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

PROCEDURE

1. The case originated in an application against Portugal lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 21 October 2021.
2. The applicant was represented by Mr R. Mendes Martins, a lawyer practising in Lisbon.
3. The Portuguese Government (“the Government”) were given notice of the application.

(…)

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Declaresthe complaints concerning the inadequate conditions of detention between 4 August and 28 October 2021, admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article3 of the Convention on account of the applicant’s detention conditions between 4 August and 28 October 2021;
3. Holds

(a)  that the respondent State is to pay the applicant, 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 2 March 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina, Acting Deputy Registrar 

Armen Harutyunyan, President

APPENDIX

Application raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

 [1] Plus any tax that may be chargeable to the applicant.

[2] Plus any tax that may be chargeable to the applicant.

DETALHES DO CASO:

Originating Body Court (Fourth Section Committee)

Document Type Judgment (Merits and Just Satisfaction)

Title CASE OF DOS SANTOS NEVES v. PORTUGAL

App. No(s). 53415/21

Importance Level 3

Represented by MENDES MARTINS R.

Respondent State(s) Portugal

Judgment Date 02/03/2023

Conclusion(s) Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment)

Article(s) 3

Separate Opinion(s) No

Keywords (Art. 3) Prohibition of torture

(Art. 3) Degrading treatment

ECLI ECLI:CE:ECHR:2023:0302JUD005341521

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2023-03-03 / 11:19