FOURTH SECTION

DECISION

Application no. 16110/23
Bernardo Maria FERREIRA LEAL CORREIA
against Portugal

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 6 February 2025 as a Committee composed of:

Anne Louise Bormann, President,
Sebastian Răduleţu,
András Jakab, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 11 April 2023,

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 Mr J. Gaspar Schwalbach, a lawyer practising in Lisbon.

The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention and the lack of medical assistance at the Caxias Prison, 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 6 March 2025.

Viktoriya Maradudina Anne Louise Bormann
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 non-pecuniary damage (in euros)[1]	Amount awarded for costs and expenses (in euros)[2]
16110/23 11/04/2023	Bernardo Maria FERREIRA LEAL CORREIA 1992	José Gaspar Schwalbach Lisbon	19/11/2024	29/08/2024	26,000	2,500

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 non-pecuniary damage (in euros)[1]

Amount awarded for costs and expenses

(in euros)[2]

16110/23

11/04/2023

Bernardo Maria FERREIRA LEAL CORREIA

1992

José Gaspar Schwalbach

Lisbon

19/11/2024

29/08/2024

26,000

2,500

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

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