Lourenço Gomes and Others v. Portugal

FOURTH SECTION

Application no. 21976/22 Lídio LOURENÇO GOMES against Portugal and 12 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 27 June 2024 as a Committee composed of:

Branko Lubarda , President , Anne Louise Bormann, Sebastian Răduleţu , 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.

The applicants were represented by Mr. R. Mendes Martins, a lawyer practising in Lisbon.

The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention 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.

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

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.

Done in English and notified in writing on 18 July 2024.

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

Date of receipt of Government’s declaration

Date of receipt of applicant’s acceptance

Amount awarded for non-pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

21976/22

27/04/2022

Lídio LOURENÇO GOMES

1973

Rodrigo Mendes Martins

Lisbon

14/02/2024

22/05/2024

27,000

250

25234/22

12/05/2022

Diogo Filipe GONÇALVES PIRES

1990

Rodrigo Mendes Martins

Lisbon

14/02/2024

20/05/2024

16,200

250

25237/22

12/05/2022

Luís Filipe ROSADO GRILO

1979

Rodrigo Mendes Martins

Lisbon

14/02/2024

20/05/2024

6,900

250

25239/22

12/05/2022

António João VICENTE MAIA SANTOS

1982

Rodrigo Mendes Martins

Lisbon

14/02/2024

22/05/2024

7,500

250

28895/22

06/06/2022

Carlos Alberto DIAS MORAIS

1977

Rodrigo Mendes Martins

Lisbon

14/02/2024

20/05/2024

6,700

250

29226/22

06/06/2022

Jorge Henrique DE SOUSA COIMBRA E CRUZ

1963

Rodrigo Mendes Martins

Lisbon

14/02/2024

22/05/2024

8,400

250

29235/22

06/06/2022

Mário VAZ FERNANDES

1979

Rodrigo Mendes Martins

Lisbon

14/02/2024

22/05/2024

13,000

250

29409/22

06/06/2022

Manuel Duarte DA SILVA LOPES

1955

Rodrigo Mendes Martins

Lisbon

14/02/2024

20/05/2024

10,000

250

29411/22

06/06/2022

Tiago Manuel SOUSA GONÇALVES

1995

Rodrigo Mendes Martins

Lisbon

14/02/2024

20/05/2024

15,800

250

29412/22

06/06/2022

Rúben REIS COSTA

1999

Rodrigo Mendes Martins

Lisbon

14/02/2024

20/05/2024

9,400

250

29414/22

07/06/2022

Fábio Edgar VICENTE DA SILVA

1989

Rodrigo Mendes Martins

Lisbon

14/02/2024

20/05/2024

20,500

250

29419/22

07/06/2022

Germano MAURITO

1956

Rodrigo Mendes Martins

Lisbon

14/02/2024

20/05/2024

6,900

250

29422/22

07/06/2022

Daniel LOPES DA PONTE

1972

Rodrigo Mendes Martins

Lisbon

14/02/2024

20/05/2024

10,500

250

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

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