ALI CHEEMA AND OTHERS v. GREECE - 7059/14 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 349 (07 April 2016)

ALI CHEEMA AND OTHERS v. GREECE - 7059/14 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 349 (07 April 2016)

For applicants detained in wings A, B, and C, the personal space was often below 3m², with severe overcrowding confirmed by CPT reports and not rebutted by the government. This constituted inhuman and degrading treatment under Article 3. No effective remedy existed for general conditions, violating Article 13 in conjunction with Article 3. For applicant no. 7, the personal space was above 3m² and no violation was found.

Citation
[2016] ECHR 349
Parties
Applicants: Tanveer Ali Cheema and others; Respondent: Greece
Jurisdiction
European Union
Judgment Date
07 April 2016
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction), First Section
Outcome
Partly allowed
Legal Topics
Prison Conditions, Inhuman or Degrading Treatment, Effective Remedy, Article 3 ECHR, Article 13 ECHR
Human Rights Law Prison Law Prison Conditions Inhuman or Degrading Treatment Effective Remedy Article 3 ECHR Article 13 ECHR

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Parties

Tanveer Ali Cheema and others

Applicants

Greece

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction), First Section

Legal Issues

  1. 1 Whether the applicants' conditions of detention in Larissa Prison violated Article 3 ECHR (prohibition of inhuman or degrading treatment)
  2. 2 Whether there was a violation of Article 13 ECHR (right to an effective remedy) in conjunction with Article 3

Ratio Decidendi

For applicants detained in wings A, B, and C, the personal space was often below 3m², with severe overcrowding confirmed by CPT reports and not rebutted by the government. This constituted inhuman and degrading treatment under Article 3. No effective remedy existed for general conditions, violating Article 13 in conjunction with Article 3. For applicant no. 7, the personal space was above 3m² and no violation was found.

Court Disposition

Partly allowed

Orders

  • Application struck out for applicant no. 18 (Iqbal Nasar) due to withdrawal.
  • Application admissible for applicants nos. 1-17 and 19-23.