Overpopulation of prisons consists of inhuman and degrading treatment
JUDGMENT
Singh and Others v. Greece (no. 60041/13) 19.01.2017
SUMMARY
Inhuman and degrading treatment of prisoners in Korydallos prison. The case concerned the applicants’ complaints – 33 Greeks, one Albanian and one Indian citizen – about the poor conditions during their detention. Referring to Article 3, the applicants complained that they were held in inhumane and degrading conditions mainly because of overcrowding (Korydallos Prison was designed for 700 prisoners and 2400 were held). Referring also to Article 13 (right to an effective remedy) in conjunction with Article 3, they claim that there were no effective internal remedies available to them to denounce these conditions. The ECtHR condemned Greece for violating Articles 3 and 13 of the ECHR.
USE
Overpopulation of prisons consists of inhuman and degrading treatment.
PROVISIONS
Article 3
Article 13
PRINCIPAL FACTS
The applicants are 33 Greek nationals, an Albanian national and an Indian national, who were born between 1938 and 1985 respectively. All of the applicants were or are still detained in Korydallos prison in Athens. The case concerned their allegations of poor conditions during their detention.
Relying on Article 3 (prohibition of inhuman or degrading treatment), the applicants complained that they had been detained in inhuman and degrading conditions. In particular, they claimed that the prison had been severely overcrowded (as it had been designed to accommodate 700 but held 2,400), understaffed and unsafe; that there had been inadequate natural light, ventilation, heating and hot water; that the cells had been dirty and overrun with cockroaches; that there had been no adequate medical care; and that healthy prisoners had been held together with the sick. The applicants also relied on Article 13 (right to an effective remedy) in conjunction with Article 3, to claim that there had been no effective domestic remedies available to them by which to complain of these conditions. They alleged that, though they had made a complaint about their living conditions to the prison authorities in June 2013, they had not received a reply.
THE DECISION OF THE COURT
Violation of Article 3 (degrading treatment) – on account of overcrowding, in respect of Mr Antoniou, Mr Deligiannis, Mr Gliatis, Mr Theofilou, Mr Kalpakidis, Mr Karras, Mr Kassis, Mr Kiousis,
Mr Kontogiannakis, Mr Korillos, Mr Mataragas, Mr Mexas, Mr Merelis, Mr Mitsopoulos, Mr Mpanis, Mr Mpatas, Mr Ntourampas, Mr Panagiotatos, Mr Papanastasiou, Mr Pastras, Mr Stavrou, Mr Tatsis, Mr Tsakiris, Mr Charalampous, Mr Christopanos and Mr Geta
Violation of Article 13 in conjunction with Article 3 – in respect of Mr Antoniou, Mr Deligiannis, Mr Gliatis, Mr Theofilou, Mr Kalpakidis, Mr Karras, Mr Kassis, Mr Kiousis, Mr Kontogiannakis, Mr Korillos, Mr Mataragas, Mr Mexas, Mr Merelis, Mr Mitsopoulos, Mr Mpanis, Mr Mpatas, Mr Ntourampas, Mr Panagiotatos, Mr Papanastasiou, Mr Pastras, Mr Stavrou, Mr Tatsis, Mr Tsakiris, Mr Charalampous, Mr Christopanos and Mr Geta
Application struck out of the Court’s list in so far as it concerned Mr Singh, Mr Anargyros, Mr Vagenas, Mr Vogas, Mr Kolitas, Mr Roditis, Mr Sigalas, Mr Terzakis and Mr Christou
Just satisfaction: EUR 5,000 to Mr Christopanos, EUR 6,800 each to Mr Antoniou, Mr Deligiannis, Mr Theofilou, Mr Kassis, Mr Kontogiannakis, Mr Korillos, Mr Mataragas, Mr Mexas, Mr Merelis, Mr Mitsopoulos, Mr Mpanis, Mr Ntourampas, Mr Papanastasiou, Mr Tatsis, Mr Tsakiris, Mr Charalampous and Mr Geta, EUR 8,000 EUR each to Mr Gliatis, Mr Karras, Mr Kiousis, Mr Pastras and Mr Stavrou, and EUR 10,000 each to Mr Kalpakidis, Mr Mpatas and Mr Panagiotatos in respect of non-pecuniary damage.
