NIKOLAOS ATHANASIOU AND OTHERS v. GREECE - 36546/10 - Chamber Judgment (French Text) [2014] ECHR 1142 (23 October 2014)

NIKOLAOS ATHANASIOU AND OTHERS v. GREECE - 36546/10 - Chamber Judgment (French Text) [2014] ECHR 1142 (23 October 2014)

The Court found that the applicants were detained in conditions of severe overcrowding, with personal space far below minimum standards, compounded by poor hygiene and inadequate facilities, amounting to degrading treatment in violation of Article 3 ECHR. The Greek government failed to provide effective remedies to prevent or end such treatment for ongoing detainees.

Citation
[2014] ECHR 1142
Parties
Applicant: Stylianos Loukaggikas; Applicant: Ilias Kapetanios; Applicant: Christos Koumouras; Applicant: Fotios Theodoratos; Applicant: Tryfon Karahalios; Applicant: Georgios Kavalakis; Applicant: Dimitru Gergulov; Applicant: Vasilios Abdalla; Applicant: Theofilos Derviniotis; Applicant: Anastasios Mourkoutas; Applicant: Alexandros Tserpelis; Applicant: Ali Assaad; Applicant: Ali Adnan; Applicant: Mehmet Sirin Bayram; Applicant: Artan Dragoti; Applicant: Amjad Bahri; Respondent: Greece
Jurisdiction
European Union
Judgment Date
23 October 2014
Procedural Posture
Human Rights Application / Chamber Judgment
Outcome
Application partly allowed, partly rejected for non-exhaustion of domestic remedies.
Legal Topics
Article 3 ECHR, Prison Conditions, Inhuman or Degrading Treatment, Overcrowding, Right to an Effective Remedy
Human Rights Law Prison Law Article 3 ECHR Prison Conditions Inhuman or Degrading Treatment Overcrowding Right to an Effective Remedy

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Parties

Stylianos Loukaggikas

Applicant

Ilias Kapetanios

Applicant

Christos Koumouras

Applicant

Fotios Theodoratos

Applicant

Tryfon Karahalios

Applicant

Georgios Kavalakis

Applicant

Dimitru Gergulov

Applicant

Vasilios Abdalla

Applicant

Theofilos Derviniotis

Applicant

Anastasios Mourkoutas

Applicant

Alexandros Tserpelis

Applicant

Ali Assaad

Applicant

Ali Adnan

Applicant

Mehmet Sirin Bayram

Applicant

Artan Dragoti

Applicant

Amjad Bahri

Applicant

Greece

Respondent

Procedural Posture

Human Rights Application / Chamber Judgment

Legal Issues

  1. 1 Whether the conditions of detention in Alikarnassos Prison violated Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment) for the applicants.

Ratio Decidendi

The Court found that the applicants were detained in conditions of severe overcrowding, with personal space far below minimum standards, compounded by poor hygiene and inadequate facilities, amounting to degrading treatment in violation of Article 3 ECHR. The Greek government failed to provide effective remedies to prevent or end such treatment for ongoing detainees.

Court Disposition

Application partly allowed, partly rejected for non-exhaustion of domestic remedies.

Orders

  • Greece to pay specified sums to each successful applicant for non-pecuniary damage within three months.
  • Greece to pay €1,500 jointly to the successful applicants for costs and expenses.