TSOKAS AND OTHERS v. GREECE - 41513/12 - Chamber Judgment (French text) [2014] ECHR 526 (28 May 2014)

TSOKAS AND OTHERS v. GREECE - 41513/12 - Chamber Judgment (French text) [2014] ECHR 526 (28 May 2014)

The Court found that the severe overcrowding and cumulative deficiencies in Tripoli Prison (including lack of space, hygiene, and basic facilities) amounted to degrading treatment in violation of Article 3 ECHR. For applicant Katratzopoulos-Katratzis, the authorities' failure to provide timely and adequate medical...

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Citation
[2014] ECHR 526
Parties
Applicant: Kallios Katratzopoulos-Katratzis; Applicant: Panagiotis Athanasopoulos; Applicant: Nikolaos Tsokas; Applicant: Andreas Bilias; Applicant: Fotios Sgardelis; Applicant: Ioannis Zafiropoulos; Respondent: Republic of Greece
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (echr) / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 3 ECHR (degrading treatment) for all applicants; Violation of Article 3 ECHR (medical care) for Katratzopoulos-Katratzis only; No violation of Article 3 ECHR (medical care) for Athanasopoulos and Zafiropoulos; Other complaints inadmissible or not separately examined.
Legal Topics
Article 3 ECHR (prohibition of Torture, Inhuman or Degrading Treatment), Prison Conditions, Medical Care in Detention, Procedural Requirements for Exhaustion of Remedies
Human Rights Law Prison Law Article 3 ECHR (prohibition of Torture, Inhuman or Degrading Treatment) Prison Conditions Medical Care in Detention Procedural Requirements for Exhaustion of Remedies

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Parties

Kallios Katratzopoulos-Katratzis

Applicant

Panagiotis Athanasopoulos

Applicant

Nikolaos Tsokas

Applicant

Andreas Bilias

Applicant

Fotios Sgardelis

Applicant

Ioannis Zafiropoulos

Applicant

Republic of Greece

Respondent

Procedural Posture

Chamber Judgment (echr) / Judgment on Merits and Just Satisfaction

  1. 1 Whether the conditions of detention in Tripoli Prison violated Article 3 of the Convention
  2. 2 Whether the medical care provided to certain applicants in detention violated Article 3 of the Convention
  3. 3 Whether the heirs of deceased applicants could continue the proceedings

Ratio Decidendi

The Court found that the severe overcrowding and cumulative deficiencies in Tripoli Prison (including lack of space, hygiene, and basic facilities) amounted to degrading treatment in violation of Article 3 ECHR. For applicant Katratzopoulos-Katratzis, the authorities' failure to provide timely and adequate medical care for cancer constituted a separate violation of Article 3. For Athanasopoulos and Zafiropoulos, the Court found no violation regarding medical care, as authorities took reasonable steps and applicants did not pursue available remedies in a timely manner. The heirs of deceased applicants were allowed to continue the proceedings due to their legitimate interest in justice.

Court Disposition

Violation of Article 3 ECHR (degrading treatment) for all applicants; Violation of Article 3 ECHR (medical care) for Katratzopoulos-Katratzis only; No violation of Article 3 ECHR (medical care) for Athanasopoulos and Zafiropoulos; Other complaints inadmissible or not separately examined.

Orders

  • Greece to pay just satisfaction to applicants as specified in the judgment
  • Dismissal of other claims for lack of causal link or non-exhaustion of remedies