MARTZAKLIS AND OTHERS v. GREECE - 20378/13 - Chamber Judgment (French Text) [2015] ECHR 656 (09 July 2015)

MARTZAKLIS AND OTHERS v. GREECE - 20378/13 - Chamber Judgment (French Text) [2015] ECHR 656 (09 July 2015)

The Court found that the applicants were subjected to inhuman and degrading treatment due to overcrowded, unsanitary, and inadequate medical conditions at Korydallos Prison Hospital, and that the segregation of HIV-positive detainees lacked objective and reasonable justification. The Court also found a violation of Article 13 due to the lack of effective remedies to challenge these conditions. No discrimination was found between convicted and pre-trial detainees as the relevant legal provisions did not apply to the applicants' circumstances.

Citation
[2015] ECHR 656
Parties
Applicants: Martzaklis and Others; Respondent: Hellenic Republic (Greece)
Jurisdiction
European Union
Judgment Date
09 July 2015
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Application partly allowed, partly rejected
Legal Topics
Inhuman or Degrading Treatment, Right to Effective Remedy, Discrimination, Prison Conditions, Medical Care in Detention
Human Rights Law Prison Law Inhuman or Degrading Treatment Right to Effective Remedy Discrimination Prison Conditions Medical Care in Detention

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Parties

Martzaklis and Others

Applicants

Hellenic Republic (Greece)

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

Legal Issues

  1. 1 Whether the applicants' detention conditions at Korydallos Prison Hospital violated Article 3 (prohibition of inhuman or degrading treatment) of the Convention, alone and in conjunction with Article 14 (prohibition of discrimination) and Article 13 (right to an effective remedy).
  2. 2 Whether there was discrimination between convicted and pre-trial HIV-positive detainees regarding access to conditional release.

Ratio Decidendi

The Court found that the applicants were subjected to inhuman and degrading treatment due to overcrowded, unsanitary, and inadequate medical conditions at Korydallos Prison Hospital, and that the segregation of HIV-positive detainees lacked objective and reasonable justification. The Court also found a violation of Article 13 due to the lack of effective remedies to challenge these conditions. No discrimination was found between convicted and pre-trial detainees as the relevant legal provisions did not apply to the applicants' circumstances.

Court Disposition

Application partly allowed, partly rejected

Orders

  • Violation of Article 3 (prohibition of inhuman or degrading treatment) alone and in conjunction with Article 14 (discrimination)
  • Violation of Article 13 (right to an effective remedy)