Tribunal Europeu dos Direitos Humanos

2023-11-30 / 11:21

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

30-11-2023

CASE OF NIEUWOLT v. PORTUGAL

15767/21 |   Judgment (Merits and Just Satisfaction)   |  Court (Fourth Section Committee)   |   30/11/2023

Document URL: https://hudoc.echr.coe.int/eng?i=001-229162

EUROPEAN COURT OF HUMAN RIGHTS

FOURTH SECTION

CASE OF NIEUWOLT v. PORTUGAL

(Application no. 15767/21)

JUDGMENT

STRASBOURG

30 November 2023

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

In the case of Nieuwolt v. Portugal,

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

 Faris Vehabović, President,
 Anja Seibert-Fohr,
 Anne Louise Bormann, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 9 November 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 5 March 2021.
2. The applicant was represented by Mr V. Carreto, a lawyer practising in Torres Vedras.
3. The Portuguese Government (“the Government”) were given notice of the application.

THE FACTS

4. The applicant’s details and information relevant to the application are set out in the appended table.
5. The applicant complained under Article 3 of the inadequate conditions of his detention. He also raised a complaint under Article 13 of the Convention.

(…)

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Declaresthe complaint concerning the conditions of detention during the period between 29 October 2020 and 2 February 2021, as well as the complaint under Article 13 of the Convention about the lack of an effective domestic remedy to complain about inadequate detention conditions, admissible, and the remainder of the application inadmissible;
2. Holds that this application discloses a breach of Article3 of the Convention concerning the inadequate conditions of detention between 29 October 2020 and 2 February 2021;
3. Holds that this application discloses a breach of the Article 13 of the Convention as regards the lack of an effective remedy to complain about inadequate conditions of detention;
4. 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 amount 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 30 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina, Acting Deputy

 Registrar Faris Vehabović, President

APPENDIX

Application raising complaints under Article 3 of the Convention  (inadequate conditions of detention) 

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Case Details

Originating Body: Court (Fourth Section Committee)

Document Type: Judgment (Merits and Just Satisfaction)

Title: CASE OF NIEUWOLT v. PORTUGAL

App. No(s). 15767/21

Importance Level 3

Represented by CARRETO V.

Respondent State(s) Portugal

Judgment Date 30/11/2023

Conclusion(s)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)

Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture Degrading treatment)

Article(s) 

3

13

13+3

Separate Opinion(s): No

Keywords

(Art. 3) Prohibition of torture

(Art. 3) Degrading treatment

(Art. 13) Right to an effective remedy

(Art. 13) Effective remedy

ECLI ECLI:CE:ECHR:2023:1130JUD001576721

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2023-11-30 / 11:19