Beja Santos v. Portugal

FOURTH SECTION

Application no. 45816/21 Luís BEJA SANTOS against Portugal

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 application lodged on 7 September 2021,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicant was represented by Ms F. Henriques, a lawyer practising in Foz do Arelho.

The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Portuguese Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Portugal in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will 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 undertake 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 LAW

The Court 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 a 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 18 January 2024.

Viktoriya Maradudina Faris Vehabović Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

(inadequate conditions 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 declaration

Amount awarded for pecuniary and non-pecuniary damage

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

45816/21

07/09/2021

Luís BEJA SANTOS

1993

Fátima Henriques

Foz do Arelho

28/07/2023

31/03/2023

10,600

250

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

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