This Thursday, the Portuguese state was again condemned by the European Court of Human Rights (ECtHR), which ordered a payment of 32,350 euros for the inadequate conditions of detention of three people in national prisons.
In delivering at least the fourth verdict in Portugal in 2024, the ECtHR points to a violation of Articles 3 and 13 of the European Convention on Human Rights, which provide that no one shall be subjected to torture or inhuman or degrading treatment and that everyone whose rights and freedoms have been violated must have an effective remedy before the national authorities.
It was about complaints from three citizens – Solomon Mgbokwere, Fagner Souza and Alberto Díaz Ferreira – who were imprisoned in a Lisbon prison at different times from 2021 to the present, remaining in cells ranging from two square meters to 3.72 square meters with a shared toilet with other prisoners.
Major complaints about cells include insect and rodent infestation, inadequate temperature, lack of fresh air or natural light, inadequate sanitation, lack or insufficient outdoor exercise, insufficient and poor quality food, overcrowding, lack of privacy, mold and dirt, as well as insufficient hygiene products, among other aspects.
“The applicants were kept in cells with several compartments, which, according to the Government, had a bathroom not separated from the rest of the cell. According to the Court’s jurisprudence, this situation is unacceptable. “The Court therefore concludes that the conditions of the applicants’ detention during the periods set out in the annexed table exceeded the unavoidable level of suffering inherent in detention and exceeded the threshold of severity provided for in Article 3,” the decision states.
Thus, the ECtHR awarded Solomon Mgbokwera compensation in the amount of 8,900 euros, Fagner Souza will have to receive 10,200 euros from the state, and Alberto Diaz Ferreira received compensation in the amount of 12,500 euros, all of which must be paid within three months.
In addition to this amount there is also 250 euros per applicant for legal costs, making a total of 32,350 euros payable by the state.