Terms and Conditions in the Hospital Prison of Korydallos Prison
JUDGMENT
Zabelos and others v. Greece 17.05.2018 (no. 1167/15)
SUMMARY
Complaint about the detention conditions at the Korydallos Hospital Prison. High risk of infection and poor hygiene, resulting in a deterioration in the health of the prisoners. Infringement of Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy).
PROVISIONS
Article 3
Article 13
PRINCIPAL FACTS
The applicants in this case are 18 persons of various nationalities born between 1951 and 1990, who were or are still detained in Korydallos Prison Hospital (Greece). They all suffer from HIV infection, apart from one applicant who suffers from chronic obstructive pulmonary disease.
The applicants complained in particular about the conditions of their detention, namely of overcrowding at the Prison Hospital, which had resulted in a deterioration of their already fragile health. They alleged that they had been detained in hospital wards which measured 44 sq. m and which were occupied by twelve detainees on average for the period between 2013 and 2015.
Furthermore, half the area of each ward was occupied by beds and other equipment. The applicants submit that there was a high risk of infection and poor conditions of hygiene in the hospital, resulting in the presence of pests.
In December 2014 the applicants lodged a complaint with the Prison Board under Article 6 of the Domestic Penal Code, to which they have not received any reply to date.
Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy) the applicants complained about the conditions of their detention in the Prison hospital and that in respect of their complaints under Article 3 they had had no effective domestic remedy.
THE DECISION OF THE COURT
Violation of Article 3 – in respect of Mr Zabelos, Mr Berberaj, Mr Berberidis, Mr Honein, Mr Iliopoulos, Mr Kamoli, Mr Khutsishvili, Mr Konstantinidis, Mr Machos, Mr Moradyan, Mr Oikonomakos, Mr Papadopoulos, Mr Pirpiniadis, Mr Samlidis, Mr Toufektsis and Mr Tsiriklos
Violation of Article 13 in conjunction with Article 3 – in respect of Mr Zabelos, Mr Berberaj, Mr Berberidis, Mr Honein, Mr Iliopoulos, Mr Kamoli, Mr Khutsishvili, Mr Konstantinidis, Mr Machos, Mr Moradyan, Mr Oikonomakos, Mr Papadopoulos, Mr Pirpiniadis, Mr Samlidis, Mr Toufektsis and Mr Tsiriklos
Application struck out in so far as it concerned the detention of Mr Martzaklis up to 9 July 2015
Application declared inadmissible in so far as it concerned Mr Sabrioglou and the detention of Mr Martzaklis from 9 July until 3 August 2015
Just satisfaction: The Court held that the finding of a violation constituted in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicants in respect of the violation of Article 13 of the Convention. It awarded the applicants the following amounts on account of the non-pecuniary damage sustained in respect of the violation of Article 3 of the Convention: EUR 3,000 to Mr Samlidis, EUR 4,000 to Mr Papadopoulos, EUR 5,000 each to Mr Zabelos and Mr Kamoli, EUR 8,000 each to Mr Berberidis, Mr Honein, Mr Iliopoulos, Mr Khutsishvili, Mr Konstantinidis, Mr Oikonomakos, Mr Pirpiniadis and Mr Tsiriklos, and EUR 12,000 each to Mr Berberaj, Mr Machos, Mr Moradyan and Mr Toufektsis. Lastly, the Court awarded, jointly to these 16 applicants, EUR 2,000 in respect of costs and expenses(echrcaselaw.com editing).
