PAPADAKIS AND OTHERS v. GREECE - 34083/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 226 (25 February 2016)

PAPADAKIS AND OTHERS v. GREECE - 34083/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 226 (25 February 2016)

For applicants 9 and 37, the Court found that their personal space in Diavata Prison was significantly below 3 m², amounting to inhuman and degrading treatment in violation of Article 3. The lack of an effective remedy for these conditions constituted a violation of Article 13 in conjunction with Article 3. For...

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Citation
[2016] ECHR 226
Parties
Applicants: Anastasios Papadakis and 61 others (names in annex); Respondent: Hellenic Republic (Greece)
Jurisdiction
European Union
Judgment Date
25 February 2016
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction), First Section
Outcome
Partial finding of violation; partial strike-out; partial inadmissibility
Legal Topics
Inhuman or Degrading Treatment, Right to an Effective Remedy, Prison Conditions, Exhaustion of Domestic Remedies
Human Rights Law Prison Law Inhuman or Degrading Treatment Right to an Effective Remedy Prison Conditions Exhaustion of Domestic Remedies

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Parties

Anastasios Papadakis and 61 others (names in annex)

Applicants

Hellenic Republic (Greece)

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction), First Section

Legal Issues

  1. 1 Whether the applicants' conditions of detention in Diavata Prison violated Article 3 of the Convention (prohibition of inhuman or degrading treatment)
  2. 2 Whether there was a violation of Article 13 (right to an effective remedy) in conjunction with Article 3
  3. 3 Whether the applicants exhausted domestic remedies as required by Article 35 of the Convention

Ratio Decidendi

For applicants 9 and 37, the Court found that their personal space in Diavata Prison was significantly below 3 m², amounting to inhuman and degrading treatment in violation of Article 3. The lack of an effective remedy for these conditions constituted a violation of Article 13 in conjunction with Article 3. For other applicants, the Court found non-exhaustion of domestic remedies or struck the case from the list due to friendly settlements or withdrawal.

Court Disposition

Partial finding of violation; partial strike-out; partial inadmissibility

Orders

  • Struck out the application for applicants 2-6, 8, 10-13, 15-20, 22-26, 28-29, 31-36, 39-43, 45, 47, 49-62 due to friendly settlement or withdrawal.
  • Declared the application admissible for applicants 9 and 37 regarding Articles 3 and 13; inadmissible for applicants 1, 7, 14, 21, 27, 30, 38, 44, 46, 48 for non-exhaustion.