33533/22;38228/22

FOURTH SECTION CASE OF BARROS DE CARVALHO AND ALVES FERREIRA v. PORTUGAL (Applications nos. 33533/22 and 38228/22)             JUDGMENT   STRASBOURG 16 May 2024   This judgment is final but it may be subject to editorial revision. In the case of Barros de Carvalho and Alves Ferreira v. Portugal, The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:  Branko Lubarda, President,  Anne Louise Bormann,  Sebastian Răduleţu, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 18 April 2024, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in applications against Portugal lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.  The applicants were represented by Mr. V. Carreto, a lawyer practising in Torres Vedras. 3.  The Portuguese Government (“the Government”) were given notice of the applications. THE FACTS 4.  The list of applicants and the relevant details of the applications are set out in the appended table. 5.  The applicants complained under Article 3 of the Convention about the inadequate conditions of their detention. Relying on Article 13 of the Convention, they also complained of the lack of a remedy in this respect at the domestic level. THE LAW THE GOVERNMENT’S REQUEST TO STRIKE OUT THE APPLICATIONS UNDER ARTICLE 37 § 1 OF THE CONVENTION 6.  The Government submitted unilateral declarations which did not offer a sufficient basis for finding that respect for human rights as defined in the Convention does not require the Court to continue its examination of the case (Article 37 § 1 in fine). The Court rejects the Government’s request to strike the applications out and will accordingly pursue its examination of the case (see Tahsin Acar v. Turkey (preliminary issue) [GC], no. 26307/95, § 75, ECHR 2003-VI). ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION 7.  The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention. 8.  The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding inadequate conditions of detention (see, for instance, Muršić v. Croatia [GC], no. 7334/13, §§ 96‑101, ECHR 2016). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 10 January 2012). 9.  In the leading case of Petrescu v. Portugal (no. 23190/17, § 110, 3 December 2019), the Court already found a violation in respect of issues similar to those in the present case. 10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate. 11.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION 12.  The applicants further complained of a lack of an effective remedy in respect of his complaints under Article 3 of the Convention, which also raised an issue under Article 13 of the Convention, given the relevant well‑established case‑law of the Court. This complaint is not manifestly ill‑founded within the meaning of Article 35 § 3 (a) of the Convention, nor is it inadmissible on any other ground. Accordingly, it must be declared admissible. Having examined all the material before it, the Court concludes that it also discloses a violation of the Convention in the light of its findings in Petrescu (cited above, §§ 75-84), concerning the lack of an effective remedy to complain about poor conditions of detention. APPLICATION OF ARTICLE 41 OF THE CONVENTION 13.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Muršić, cited above, §§ 181 and 184), the Court considers it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Rejects the Government’s request to strike the applications out of its list of cases under Article 37 § 1 of the Convention on the basis of the unilateral declarations which they submitted; Declares the applications admissible; Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention; Holds that these applications disclose a breach of Article 13 of the Convention as regards the lack of an effective remedy to complain about inadequate conditions of detention; Holds (a)  that the respondent State is to pay the applicants, 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 16 May 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Branko Lubarda  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 Other complaints under well-established case-law Amount awarded for non-pecuniary damage per applicant (in euros) [1] Amount awarded for costs and expenses per application (in euros)[2]     33533/22 04/07/2022 Plácido Nuno BARROS DE CARVALHO Vítor Carreto Torres Vedras Lisbon Central Prison 09/11/2020 to 01/06/2023 2 years and 6 months and 24 days 2 inmates 3 m² 1 toilet lack or inadequate furniture, mouldy or dirty cell, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no or restricted access to toilet, no or restricted access to shower, lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient quantity of food, lack of requisite medical assistance, lack of toiletries, lack of privacy for toilet, infestation of cell with insects/rodents, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,800     38228/22 01/08/2022 Rogério Paulo Santos ALVES FERREIRA Vítor Carreto Torres Vedras Lisbon Central Prison 23/12/2020 to 22/02/2023 2 years and 2 months 2 inmates 3 m² 1 toilet inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of or insufficient quantity of food, lack of privacy for toilet, lack of toiletries, mouldy or dirty cell, lack of requisite medical assistance, no or restricted access to shower, overcrowding, poor quality of food, lack of privacy for shower Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 11,200     [1] Plus any tax that may be chargeable to the applicants. [2] Plus any tax that may be chargeable to the applicants.