Judgment concerning Portugal

Human Rights building under the snow

In the case of Miranda Magro v. Portugal the Court held that there had been a violation of the prohibition of inhuman and degrading treatment and a violation of the right to liberty and security.

The case concerned the applicant’s preventative detention, which had been ordered by the courts following a finding that he was not criminally responsible for a number of alleged offences owing to his mental disorder.

The Court found that there had been a failure to ensure appropriate care to theapplicant during his detention, which had implications for his health and that his detention in a prison facility without adequate care had caused confusion and fear, in violation of his rights. The Court held that the violations were not attributable solely to the applicant’s personal circumstances, but were the result of a structural problem.

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