FOURTH SECTION

DECISION

Application no. 45657/22
Manuel BALTAZAR VILAS BOAS and Rosa Maria PINHEIRO BALTAZAR VILAS BOAS
against Portugal

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 27 March 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 16 September 2022,

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

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 C. Pires, a lawyer practising in Viana do Castelo.

The applicants’ complaints under Articles 2, 5 and 6 § 1 of the Convention concerning the drowning of their son, left unattended, after he jumped over the fence of his school, were communicated to the Portuguese Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants 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 them 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 30 April 2025.

Viktoriya Maradudina Anne Louise Bormann
Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 2, 5 and 6 § 1 of the Convention

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 jointly for non-pecuniary damage (in euros)[1]	Amount awarded jointly for costs and expenses (in euros)[2]
45657/22 16/09/2022	Manuel BALTAZAR VILAS BOAS 1969 Rosa Maria PINHEIRO BALTAZAR VILAS BOAS 1971	Carlos Pires Viana do Castelo	11/02/2025	03/01/2025	13,000	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 jointly for non-pecuniary damage (in euros)[1]

Amount awarded jointly for costs and expenses

(in euros)[2]

45657/22

16/09/2022

Manuel BALTAZAR VILAS BOAS

1969

Rosa Maria PINHEIRO BALTAZAR VILAS BOAS

1971

Carlos Pires

Viana do Castelo

11/02/2025

03/01/2025

13,000

2,500

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

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