Ferreira Estevam v. Portugal

FOURTH SECTION

Application no. 19812/18 Alberto FERREIRA ESTEVAM against Portugal (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 31 August 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 application lodged on 16 April 2018,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr V. Carreto, a lawyer practising in Torres Vedras.

The applicant’s complaints under Article 5 § 4 of the Convention concerning the excessive length of the appeal court’s review regarding the lawfulness of his pre-trial detention were communicated to the Portuguese Government (“the Government”).

The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.

The Government acknowledged the excessive length of the proceedings for judicial review of the applicant’s pre-trial detention. They offered to pay the applicant the amounts detailed in the appended table and invited the Court to strike the application 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 case.

The applicant informed the Court that he agreed to the terms of the declaration.

THE LAW

The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.

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 application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 21 September 2023.

Viktoriya Maradudina Faris Vehabović Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 5 § 4 of the Convention

(excessively long proceedings for judicial review of detention)

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 non-pecuniary damage (in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

19812/18

16/04/2018

Alberto FERREIRA ESTEVAM

1949

Vítor Carreto

Torres Vedras

11/04/2023

21/04/2023

3,250

2,500

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

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