Background
Antonios Antoniou, who has type 1 diabetes and bipolar disorder, was detained at Korydallos Prison and the Korydallos Prison Health Centre from 27 February to 12 November 2019. He alleged that he did not receive an appropriate insulin regimen, diabetic diet, examinations, or treatment plan, and that shortcomings in his care caused serious complications.
He also complained of overcrowded and poor conditions at both facilities. In addition, after seeking replacement of his pre-trial detention on health grounds, he waited thirty-six days for the Piraeus Criminal Court of Appeal to dismiss his request.
The Court’s Holding
The Court unanimously found violations of Article 3. It held that the applicant had not received comprehensive and adequate care for his type 1 diabetes. The medical documentation was largely unclear and incomplete; a CPT report corroborated systemic deficiencies at the prison health centre, including the absence of comprehensive prisoner medical records, individual care plans, and safe medicine-administration arrangements. The Court also noted repeated hospital referrals, including one when his life was in danger, and evidence that necessary medication had been unavailable.
The Court further found that detention conditions at the Korydallos Prison Health Centre and Korydallos Prison breached Article 3. The Government had not provided convincing individual evidence to rebut the overcrowding allegations, while CPT findings documented serious overcrowding and poor conditions. The Court also found a violation of Article 5 § 4 because the simple request to alter the applicant’s preventive measure was decided only after thirty-six days, failing the requirement of speedy review.
Key Takeaways
- Prison medical care for a chronic condition must be comprehensive, prompt, systematic, and supported by adequate records and treatment planning.
- General evidence of serious overcrowding and poor conditions can support an Article 3 violation where the Government does not provide convincing evidence about an applicant’s individual detention conditions.
- A thirty-six-day decision period on a straightforward health-based request to replace pre-trial detention was not a speedy review under Article 5 § 4.
Why It Matters
The judgment reinforces that detention authorities must provide more than episodic treatment for serious chronic illnesses. Repeated emergency referrals, unavailable medication, and deficient prison-health systems may demonstrate that care is symptomatic rather than therapeutically adequate.
The Court awarded Antoniou EUR 16,250 in non-pecuniary damage, plus any applicable tax. It rejected the remaining Article 3 complaints as inadmissible, found no need to examine Article 13 separately, and dismissed the unsupported claim for costs and expenses.