ZABELOS AND OTHERS v. GREECE - 1167/15 (Judgment : Article 3 - Prohibition of torture : First Section) French Text [2018] ECHR 414 (17 May 2018)

ZABELOS AND OTHERS v. GREECE - 1167/15 (Judgment : Article 3 - Prohibition of torture : First Section) French Text [2018] ECHR 414 (17 May 2018)

The Court found that the conditions of detention in Korydallos Prison Hospital, including overcrowding, poor sanitation, and lack of adequate facilities, exceeded the threshold of severity required by Article 3, especially given the applicants' vulnerability and the duration of detention. The remedies suggested by the Government were not effective in practice for the applicants' complaints. Therefore, there was a violation of Article 3 and Article 13 of the Convention.

Citation
[2018] ECHR 414
Parties
Applicants: Zabelos and Others; Respondent: Hellenic Republic (Greece)
Jurisdiction
European Union
Judgment Date
17 May 2018
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits
Outcome
Violation of Article 3 and Article 13 of the Convention (except for certain applicants as specified).
Legal Topics
Conditions of Detention, Inhuman or Degrading Treatment, Right to Effective Remedy, Overcrowding, Medical Care in Detention
Human Rights Law Prison Law Conditions of Detention Inhuman or Degrading Treatment Right to Effective Remedy Overcrowding Medical Care in Detention

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Parties

Zabelos and Others

Applicants

Hellenic Republic (Greece)

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits

Legal Issues

  1. 1 Whether the conditions of detention in Korydallos Prison Hospital violated Article 3 of the Convention (prohibition of inhuman or degrading treatment)
  2. 2 Whether there was an effective domestic remedy as required by Article 13 of the Convention

Ratio Decidendi

The Court found that the conditions of detention in Korydallos Prison Hospital, including overcrowding, poor sanitation, and lack of adequate facilities, exceeded the threshold of severity required by Article 3, especially given the applicants' vulnerability and the duration of detention. The remedies suggested by the Government were not effective in practice for the applicants' complaints. Therefore, there was a violation of Article 3 and Article 13 of the Convention.

Court Disposition

Violation of Article 3 and Article 13 of the Convention (except for certain applicants as specified).

Orders

  • The respondent State is to pay each applicant EUR 10,000 in respect of non-pecuniary damage, plus any tax that may be chargeable.
  • The respondent State is to pay the applicants EUR 6,000 jointly in respect of costs and expenses, plus any tax that may be chargeable.