Dos Santos Basilio and Others v. Portugal
Partly struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 16464/22 Iam DOS SANTOS BASILIO against Portugal and 4 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 14 December 2023 as a Committee composed of:
Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table. They were represented by U. de Sousa, a lawyer practising in Amadora.
The applicants’ complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and lack of an effective remedy in that regard were communicated to the Portuguese Government (“the Government”).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the inadequate conditions of detention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above ‑ mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties in that part.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications in the part covered by the friendly settlement.
In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the inadequate conditions of detention.
In so far as the applicants refer to Article 13 of the Convention, the Court, in the light of the above unilateral declaration, does not consider it necessary to examine separately that complaint.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention in the part concerning the applicants’ conditions of detention.
Decides that there is no need to examine the complaint under Article 13 of the Convention.
Done in English and notified in writing on 18 January 2024.
Viktoriya Maradudina Faris Vehabović 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
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant (in euros) [1]
Amount awarded for costs and expenses per application
(in euros) [2]
16464/22
21/07/2022
Iam DOS SANTOS BASILIO
1986
Ulisses de Sousa
Amadora
24/07/2023
18/10/2023
6,700
250
16825/22
21/07/2022
Rafael SANTOS DE JESUS
1997
Ulisses de Sousa
Amadora
24/07/2023
18/10/2023
6,800
250
36806/22
21/07/2022
Cláudio MENDES DA SILVA VIDAL
1998
Ulisses de Sousa
Amadora
24/07/2023
18/10/2023
8,600
250
36850/22
21/07/2022
Nuno Alexandre FERREIRA DA CRUZ
1984
Ulisses de Sousa
Amadora
24/07/2023
18/10/2023
8,000
250
36852/22
21/07/2022
José MONTEIRO CORREIA PEREIRA
1977
Ulisses de Sousa
Amadora
24/07/2023
18/10/2023
4,500
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.