SAKIR v. GREECE - 48475/09 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 304 (24 March 2016)

SAKIR v. GREECE - 48475/09 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 304 (24 March 2016)

The Court found that the applicant was detained in overcrowded, unsanitary, and inadequate conditions without proper medical care, violating Article 3 ECHR. The authorities failed to conduct an effective investigation into the racially motivated attack against the applicant, also violating Article 3 (procedural...

Source-derived case information.

Citation
[2016] ECHR 304
Parties
Applicant: Rafi Sakir; Respondent: Republic of Greece
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Application allowed; violations found
Legal Topics
Prohibition of Torture and Inhuman or Degrading Treatment (article 3 Echr), Right to an Effective Remedy (article 13 Echr), Conditions of Detention, Obligation to Investigate Racially Motivated Violence
Human Rights Law Administrative Law Prohibition of Torture and Inhuman or Degrading Treatment (article 3 Echr) Right to an Effective Remedy (article 13 Echr) Conditions of Detention Obligation to Investigate Racially Motivated Violence

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Parties

Rafi Sakir

Applicant

Republic of Greece

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the applicant's conditions of detention violated Article 3 ECHR
  2. 2 Whether the authorities failed to conduct an effective investigation into a racially motivated attack, violating Article 3 ECHR (procedural limb)
  3. 3 Whether there was a violation of Article 13 ECHR due to lack of effective remedies

Ratio Decidendi

The Court found that the applicant was detained in overcrowded, unsanitary, and inadequate conditions without proper medical care, violating Article 3 ECHR. The authorities failed to conduct an effective investigation into the racially motivated attack against the applicant, also violating Article 3 (procedural limb). The lack of effective remedies for these violations constituted a breach of Article 13 ECHR.

Court Disposition

Application allowed; violations found

Orders

  • The Court declared the application admissible.
  • The Court found violations of Articles 3 and 13 ECHR regarding detention conditions.