Background
Thirty-three applicants complained about conditions at Korydallos Prison, principally alleging severe overcrowding. They said that cells of 9.5 square metres, including sanitary facilities, commonly held three or four detainees, leaving each person less than 3 square metres of personal space.
Ten applicants did not provide the Court with requested updated information or detention documents, despite a warning that their applications could be struck out. Five other applicants had been transferred before filing their application and did not substantiate their assertion that their later detention involved similar conditions; the Court treated their Article 3 complaints as claims concerning past detention.
The Court’s Holding
The Court struck out the application as to the ten applicants who no longer appeared to wish to pursue it. It rejected the Article 3 complaints of the five transferred applicants for non-exhaustion of domestic remedies, holding that an action under Article 105 of the Introductory Law to the Civil Code was an available remedy for their claims of past violations.
For the remaining applicants, the Court found a violation of Article 3. The evidence, including the Government’s submissions, prison-capacity data, and CPT findings, established that the applicants had less than 3 square metres of personal space in Korydallos Prison. The Court did not separately examine their Article 13 complaints or their other Article 3 allegations, and rejected the remaining complaints. It awarded the successful applicants individual sums for non-pecuniary damage and EUR 1,000 jointly for costs and expenses.
Key Takeaways
- Detention in overcrowded Korydallos cells providing less than 3 square metres of personal space violated Article 3.
- Applicants alleging only a past detention violation must use Greece’s Article 105 civil action where it is an available remedy.
- The Court struck out claims where applicants failed to respond to requests for updated case information.
Why It Matters
The judgment applies the Court’s established Article 3 standards on personal space and confirms that persistent, documented overcrowding at Korydallos Prison can establish inadequate detention conditions. It also distinguishes between an ongoing detention situation and a completed period of detention when assessing whether Greek domestic remedies must first be exhausted.