GEORGIOU AND OTHERS v. GREECE - 6813/12 (Judgment : Article 3 - Prohibition of torture : First Section Committee) French Text [2018] ECHR 239 (15 March 2018)

GEORGIOU AND OTHERS v. GREECE - 6813/12 (Judgment : Article 3 - Prohibition of torture : First Section Committee) French Text [2018] ECHR 239 (15 March 2018)

The Court found that the applicants were detained in conditions where personal space was between 2 and 2.25m² per detainee, with persistent overcrowding and no sufficient compensatory factors. This established a strong presumption of violation of Article 3, which the Government failed to rebut. Therefore, the conditions amounted to inhuman or degrading treatment.

Citation
[2018] ECHR 239
Parties
Applicants: Athanasios Georgiou and 46 others (see annex); Respondent: Hellenic Republic (Greece)
Jurisdiction
European Union
Judgment Date
15 March 2018
Procedural Posture
Application Under Article 34 ECHR / Judgment (first Section Committee)
Outcome
Violation of Article 3 ECHR found for specified applicants; partial admissibility; monetary compensation awarded; other claims dismissed.
Legal Topics
Prohibition of Torture, Inhuman or Degrading Treatment, Prison Conditions, Article 3 ECHR
Human Rights Law Prison Law Prohibition of Torture Inhuman or Degrading Treatment Prison Conditions Article 3 ECHR

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Parties

Athanasios Georgiou and 46 others (see annex)

Applicants

Hellenic Republic (Greece)

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (first Section Committee)

Legal Issues

  1. 1 Whether the conditions of detention in Patras prison violated Article 3 of the Convention (prohibition of inhuman or degrading treatment) for the applicants.

Ratio Decidendi

The Court found that the applicants were detained in conditions where personal space was between 2 and 2.25m² per detainee, with persistent overcrowding and no sufficient compensatory factors. This established a strong presumption of violation of Article 3, which the Government failed to rebut. Therefore, the conditions amounted to inhuman or degrading treatment.

Court Disposition

Violation of Article 3 ECHR found for specified applicants; partial admissibility; monetary compensation awarded; other claims dismissed.

Orders

  • Application struck out for applicant no. 35.
  • Application declared admissible for applicants nos. 1, 2, 4, 6-15, 17-22, 24, 27-30, 32-34, 36-38, 40-47; inadmissible for the rest.