Greek prisons. Only one hour heating in the winter and prisoners were sleeping in moldy and smelly mattresses. Inhuman and degrading treatment
JUDGMENT
Marrougas v. Greece 04.10.2018 (no. 44689/16)
SUMMARY
Prison of Diavata. Prisoners in a small cell living in a space of less than 3 sq.m. for each prisoner. They were sleeping in old moldy smelly mattresses and were not given bed linen and towels. In winter the heat was open only for one hour a day and hot water for two hours. The overpopulation of the prisons had exposed the applicant to infectious diseases, and because they smoked inside the cell he suffered the consequences of passive smoking. The prisoners did not have access to cultural, recreational and athletic activities and there was little and poor food quality. The Court found inhuman and degrading treatment and condemned Greece.
PROVISION
Article 3
PRINCIPAL FACTS
The applicant was born in 1956 and was detained in Diavata Prison in Thessaloniki when he lodged his application with the Court. He was serving a sentence of sixteen years for attempted murder, being a member of an organised criminal group and other offences. Since his arrest on 29 September 2010 and until the time that he submitted his observations before the Court, he was detained in Diavata Prison. He was initially detained for fifteen days in a disciplinary cell (πειθαρχείο) – that is to say in isolation – and subsequently in cell no. GR 9 for approximately two years, and later in cell no. 2
The applicant submitted that the material conditions of his detention had been very poor. The cells in which he had been detained had measured 24 sq. m, including the toilets, and each one had held ten prisoners; the living space for each prisoner had been therefore less than 3 sq. m. Overcrowding had exposed him to infectious diseases and he had additionally suffered from passive smoking. Due to the overcrowding, he had had barely any space to move within his cell, and the bunk bed above his own had been low, not allowing him to sit up comfortably.
Access to natural light and ventilation had been inadequate. Sanitary facilities and supplies had been old, broken and insufficient to ensure the prisoners’ well‑being and personal hygiene. Heating had only been provided for one hour per day (from 9 p.m. until 10 p.m.), while hot water during winter had been provided for two hours per day and had not sufficed for all prisoners. In each ten-person cell there had been five bunk beds, five stools, a small table and five side tables, but no lockable space for personal belongings. The mattresses had been old, mouldy and smelly, and sheets and towels had never been provided. In addition, prisoners had lacked access to cultural, recreational and sports activities and had had to rely on visits from friends and families in order to obtain any newspapers or magazines, which had intensified their feeling of isolation. The applicant also complained about the low quantity and quality of the food.
THE DECISION OF THE COURT
Having regard to the applicant’s allegations, which were undisputed by the Government, and reiterating the Court’s case-law concerning the conditions of detention in Diavata Prison , the Court considers that the conditions of the applicant’s detention during the above-mentioned period amounted to inhuman and degrading treatment that the respondent State is to pay the applicant, within three months, the following amounts:
(i) EUR 20,000 in respect of non-pecuniary damage;
(ii) EUR 800 in respect of costs and expenses(echrcaselaw.com editing).
