CASE OF GRAMMOSENIS AND OTHERS v. GREECE
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment)
Kristina Pardalos;Pauliine Koskelo;Robert Spano
4. The applicants were placed in pre-trial detention at Thessaloniki General Police Headquarters on Monasteriou St in Thessaloniki. They were detained for periods ranging from one to eight months. 5. The applicants mentioned below left the General Police Headquarters on the following dates: the first applicant on 16 August 2012, the sixth applicant on 20 August 2012, the thirteenth applicant on 14 August 2012 and the nineteenth applicant on 17 June 2012. It is not clear from the material in the Court’s possession whether they were released or transferred to prisons. 6. The eleventh applicant was detained at Thessaloniki General Police Headquarters from 7 May 2012 to 18 September 2012, except for the period between 5 July 2012 and 1 August 2012, when he was detained at the Thessaloniki Aliens Division. The fourteenth applicant was detained at Thessaloniki General Police Headquarters from 16 July 2012 to 3 September 2012, apart from 17 August 2012 to 27 August 2012, when he was held at Menemeni police station. The sixteenth applicant was detained at Thessaloniki General Police Headquarters from 18 April 2012 to 24 September 2012, except for the period between 27 April 2012 and 11 July 2012, when he was detained at the Thessaloniki Aliens Division. The seventeenth applicant was detained at Thessaloniki General Police Headquarters from 25 April 2012 to 14 August 2012, except for 11 June 2012 to 1 August 2012, when he was detained at the Thessaloniki Aliens Division. The eighteenth applicant was detained at Thessaloniki General Police Headquarters from 16 July 2012 to 25 December 2012, except for 16 August 2012 to 16 October 2012, when he was held at Menemeni police station. 7. The applicants alleged that Thessaloniki General Police Headquarters had been entirely inappropriate for long periods of detention, as in their case. The cells had been insufficiently lit and ventilated, which, in addition to overcrowding, had led to their cells smelling badly. 8. Detainees had been confined to their cells owing to the lack of an exercise yard. Recreational activities had not been offered and cells had not been equipped with televisions. Detainees had had to ask permission from the guards to use the restroom, which had been situated outside the cells and had been shared by seventy people. 9. There had not been sufficient separation between detainees who were drug users or smokers and other detainees. Additionally, the cells had never been disinfected nor the mattresses cleaned. Detainees had not been allowed to bring their own sheets and towels, but had been obliged to use dirty ones provided by the prison authorities. 10. As regards nutrition, meals had been of an insufficient quality and quantity and had never included meat. Detainees had not been provided with water but had had to buy it themselves. 11. On 30 August 2012 the applicants and other detainees had lodged a complaint with the public prosecutor about the conditions of their detention at Thessaloniki Police Headquarters but had not received a reply. 12. The eleventh, fourteenth, sixteenth, seventeenth and eighteenth applicants submitted in their written observations of 13 September 2013 that the conditions of their detention at the Thessaloniki Aliens Division and Menemeni police station had essentially been the same as those at the police headquarters, in particular as regards the lack of outdoor activities, the quality of the food and the filthiness of the premises. 13. The Government submitted that Thessaloniki General Police Headquarters had had nineteen cells with a total capacity of seventy-three people. Fifteen cells with capacity for fifty-five inmates had accommodated male detainees, one cell for six people had accommodated females while three cells with capacity for twelve people had been set aside for minors. 14. Most of the cells had windows, which had been partially covered by walls and rails but which had still admitted natural light and fresh air. The sanitary facilities had been no different from the ones used by the Police Headquarters staff and had been cleaned by a cleaning company every day, along with the rest of the premises. Sheets and blankets had been regularly sent to the Thessaloniki General Detention Facility (Diavata Prison) for cleaning. If detainees had suffered from a contagious disease, their sheets and blankets had been destroyed following their departure. 15. Detainees were allowed access to newspapers, magazines and four payphones. Additionally, they were allowed visits from their lawyers at any time and from friends and family four times per week. 16. Detainees were served food from the restaurant situated in the building, which was the same as that used by police officers. 17. The Thessaloniki Aliens Division, where the eleventh, sixteenth and seventeenth applicants had been detained for several months, had ten cells measuring 58.85 square metres each, which included two toilets and showers. The eleventh, sixteenth and seventeenth applicants had been detained in cell no. 3 along with a number of other detainees whose number had varied from nine to fifteen. The cells had been sufficiently well-lit and ventilated and had been regularly cleaned. Meals had been provided by a catering company. Detainees had access to newspapers and televisions and were allowed visits from their family and friends three times per week. 18. As regards Menemeni police station, where the fourteenth and eighteenth applicants had been detained for a certain period of time, the Government submitted that it was housed in a building constructed in 2008. The fourteenth and eighteenth applicants had been detained in a cell of 26 square metres accommodating five detainees. The cells had been sufficiently well-lit and ventilated and a cleaning company had maintained the cleanliness of the premises. Detainees had received 5.87 euros per day to order food from restaurants. 19. The Government further contended that the applicants’ allegations of a lack of separation between drug users and other detainees should be rejected as the applicants had not alleged that they themselves had been detained in the same cells as drug users.