Background
Eleven applicants complained about conditions at Korydallos Prison in Greece, principally alleging overcrowding and inadequate personal living space. The Court considered the Article 3 complaints of six applicants, including Georgios Zizinis, whose wife was permitted to continue the case after his death.
The Court struck out the claims of three applicants after they did not provide requested updated information. It rejected the detention-conditions claims of two others for failure to exhaust the compensatory remedy under Article 105 of the Introductory Law to the Civil Code, because they had left Korydallos before applying to Strasbourg.
The Court’s Holding
The Court unanimously held that Greece violated Article 3 for the six remaining applicants who had been detained in overcrowded conditions at Korydallos Prison. It found that each had less than 3 square metres of personal space, even accepting the Government’s more favourable estimate of usable cell space.
The Court relied on evidence of persistent and severe prison overcrowding, including findings by the European Committee for the Prevention of Torture and national occupancy data. It did not separately examine other Article 3 allegations, including claims that remand and convicted prisoners had been held together, or the applicants’ related Article 13 complaints.
Key Takeaways
- Detention with less than 3 square metres of personal space supported a finding of degrading treatment under Article 3.
- Official evidence of systemic overcrowding can outweigh unsupported government assertions about cell occupancy.
- Former detainees seeking redress for past detention conditions must generally use Greece’s Article 105 compensatory remedy before applying to Strasbourg.
Why It Matters
The judgment reinforces the Court’s established scrutiny of overcrowding at Korydallos Prison and confirms that persistent structural evidence may establish inadequate conditions where the Government does not substantiate its account of occupancy.
The Court awarded the successful applicants non-pecuniary damages ranging from EUR 1,300 to EUR 8,200, plus EUR 1,000 jointly for costs and expenses.