IATROPOULOS AND OTHERS v. GREECE - 23262/13 (Judgment : Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect) Violation of Article 1...) [2017] ECHR 365 (20 April 2017)

IATROPOULOS AND OTHERS v. GREECE - 23262/13 (Judgment : Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect) Violation of Article 1...) [2017] ECHR 365 (20 April 2017)

Applicants were detained for periods ranging from forty-four days to three months in a facility lacking amenities for prolonged detention. The Government failed to refute material facts or provide persuasive arguments. The Court's established case-law finds such detention in police stations contrary to Article 3. No...

Source-derived case information.

Citation
[2017] ECHR 365
Parties
Applicant: Anastasios Iatropoulos; Applicant: Georgios Cholidis; Applicant: Christos Dimitrov; Respondent: Hellenic Republic
Jurisdiction
European Union
Judgment Date
20 April 2017
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
application admissible; violations found; partial damages awarded
Legal Topics
Conditions of Detention, Inhuman or Degrading Treatment, Effective Remedy, Non Pecuniary Damages
Human Rights Constitutional Law Criminal Law Conditions of Detention Inhuman or Degrading Treatment Effective Remedy Non Pecuniary Damages

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Parties

Anastasios Iatropoulos

Applicant

Georgios Cholidis

Applicant

Christos Dimitrov

Applicant

Hellenic Republic

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether the conditions of detention in the Transfers Department of Thessaloniki violated Article 3 of the Convention
  2. 2 Whether there was an effective domestic remedy as required by Article 13 of the Convention

Ratio Decidendi

Applicants were detained for periods ranging from forty-four days to three months in a facility lacking amenities for prolonged detention. The Government failed to refute material facts or provide persuasive arguments. The Court's established case-law finds such detention in police stations contrary to Article 3. No effective domestic remedy was available, violating Article 13.

Court Disposition

application admissible; violations found; partial damages awarded

Orders

  • Respondent State to pay each applicant EUR 4,000 within three months for non-pecuniary damage, plus any tax chargeable.
  • Simple interest payable after three months at ECB marginal lending rate plus three percentage points until settlement.