TZAMALIS AND OTHERS v. GREECE - 15894/09 - HEJUD (French text) [2012] ECHR 2003 (04 December 2012)

TZAMALIS AND OTHERS v. GREECE - 15894/09 - HEJUD (French text) [2012] ECHR 2003 (04 December 2012)

The conditions of detention in Ioannina Prison, including extreme overcrowding (less than 1 m² per detainee), lack of basic facilities, and absence of adequate space for movement, reached the threshold of degrading treatment under Article 3 ECHR. The fact that some applicants worked during detention did not sufficiently mitigate the overall degrading conditions. There was a violation of Article 3 ECHR.

Citation
[2012] ECHR 2003
Parties
Applicant: Dimitrios Tzamalis; Applicant: Triantafyllos Katavatis; Applicant: Ioannis Vassos; Applicant: Mustafa Rashid; Applicant: Panayotis Theoharis; Applicant: Athanassios Tzoulas; Applicant: Hristos Ioannou; Applicant: Nikolaos Vassiliadis; Applicant: Thimjo Millo; Applicant: Fotios Sampanis; Applicant: Emmanouil Mihos; Applicant: Dimitrios Kalantzis; Applicant: Mukul Mohamod; Applicant: Mihail Gravanis; Respondent: Greece
Jurisdiction
European Union
Judgment Date
04 December 2012
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Application allowed in part; violation of Article 3 ECHR found; just satisfaction awarded.
Legal Topics
Article 3 ECHR, Inhuman or Degrading Treatment, Prison Conditions, Overcrowding, Satisfaction Équitable
Human Rights Law Prison Law Article 3 ECHR Inhuman or Degrading Treatment Prison Conditions Overcrowding Satisfaction Équitable

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Parties

Dimitrios Tzamalis

Applicant

Triantafyllos Katavatis

Applicant

Ioannis Vassos

Applicant

Mustafa Rashid

Applicant

Panayotis Theoharis

Applicant

Athanassios Tzoulas

Applicant

Hristos Ioannou

Applicant

Nikolaos Vassiliadis

Applicant

Thimjo Millo

Applicant

Fotios Sampanis

Applicant

Emmanouil Mihos

Applicant

Dimitrios Kalantzis

Applicant

Mukul Mohamod

Applicant

Mihail Gravanis

Applicant

Greece

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

Legal Issues

  1. 1 Whether the applicants' conditions of detention in Ioannina Prison violated Article 3 ECHR (prohibition of inhuman or degrading treatment)
  2. 2 Whether the applicants are entitled to just satisfaction under Article 41 ECHR

Ratio Decidendi

The conditions of detention in Ioannina Prison, including extreme overcrowding (less than 1 m² per detainee), lack of basic facilities, and absence of adequate space for movement, reached the threshold of degrading treatment under Article 3 ECHR. The fact that some applicants worked during detention did not sufficiently mitigate the overall degrading conditions. There was a violation of Article 3 ECHR.

Court Disposition

Application allowed in part; violation of Article 3 ECHR found; just satisfaction awarded.

Orders

  • Greek State to pay 15,000 EUR each to Katavatis and Tzoulas; 10,000 EUR each to Vassos, Vassiliadis, Sampanis, Kalantzis, Mohamod, and Gravanis; 7,000 EUR each to Tzamalis, Rashid, Theoharis, Ioannou, and Millo; 5,000 EUR to Mihos, all for non-pecuniary damage, plus tax if applicable, within three months.
  • Greek State to pay 1,500 EUR jointly to all applicants for costs and expenses, plus tax if applicable, within three months.