Background
Kalliopi Melliou, a photojournalist and political activist, wrote down the licence plate numbers of police motorcycles in Athens’s Exarcheia neighbourhood in February 2013. After she asked officers to identify themselves before providing identification, police took her to the Attica General Police Directorate for identification purposes. She was never arrested or charged.
After she provided her identity details and surrendered the note, a female officer ordered her to remove all clothing, including underwear, and visually inspected her. A first-instance criminal court found the search unnecessary and intended to intimidate and punish her, but the Athens Criminal Court of Appeal found it a necessary preventive measure based on alleged terrorism suspicions. The appeal court discontinued proceedings against the duty officer for insult because of limitation and acquitted the directorate head.
The Court’s Holding
The Court unanimously held that Greece violated Article 3. Although police were better placed to assess the degree of suspicion required under domestic law, they had not shown a connection between subjecting Melliou to a full strip-search and preventing crime or disorder. Once she had identified herself and handed over the note, the authorities did not explore less intrusive measures.
The Court stressed that Melliou had been taken to police headquarters for identification, not arrested or formally detained, requiring particularly strict scrutiny. No appropriate equipment, such as a body scanner or metal detector, was used to check for dangerous items. Because the search was not strictly necessary on security grounds, it amounted to degrading treatment; the Court therefore did not separately examine Article 8. Her lawyer’s exclusion until after the search further contributed to feelings of isolation and fear.
Key Takeaways
- A full strip-search by police must be strictly necessary and connected to a genuine security or crime-prevention need.
- Where a person has not been arrested or detained, the justification for such an intrusive search is subject to stricter scrutiny.
- Greece must pay EUR 10,000 for non-pecuniary damage and EUR 875 in domestic costs.
Why It Matters
The judgment confirms that a single unjustified strip-search can itself reach the Article 3 threshold, even without physical violence or a separate finding about humiliating search conditions. Generalized security concerns and untested suspicions do not dispense with the need to consider less intrusive alternatives.