CASE OF IGBO 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)
Aleš Pejchal;Armen Harutyunyan;Kristina Pardalos;Linos-Alexandre Sicilianos;Mirjana Lazarova Trajkovska;Robert Spano
6. The applicants were or still are detained in Chios Prison, either in pre-trial detention or serving prison sentences. The first to fifth applicants and the tenth and thirteenth applicants were placed in cell no. 9, the sixth to ninth applicants and the eleventh and twelfth applicants were placed in cell no. 5, and the fourteenth applicant was placed in cell no. 3. 7. The fifth applicant was transferred to Korydallos Prison on 10 September 2013, the seventh applicant was released on 29 October 2013 and the ninth applicant was released on 4 September 2013. 8. The applicants submitted that Chios Prison was overcrowded, resulting in a situation where each inmate was allocated approximately 2 sq. m of personal space. The prison consisted of six cells which each had fifteen beds and five mattresses on the floor, and three cells which each had ten beds. As regards the cells in which the applicants were held, their measurements were as follows: cell no. 3 measured 10 sq. m. and accommodated six detainees, cell no. 5 measured 40 sq. m. and accommodated twenty detainees, and cell no. 9 measured 20 sq. m. and accommodated ten detainees. The sixth, eighth and ninth applicants slept on the floor, which was standard practice for other inmates as well. 9. The applicants pointed out that the toilets in the cells were not partitioned off from the rest of the cells, and there was no hot water. Filthiness of the cells, in addition to overcrowding, exposed the inmates to contagious diseases and created various psychological problems, in respect of which no medical treatment was provided. Detainees lacked access to adequate dental care. 10. The applicants stressed that inmates were not sufficiently separated according to their health conditions or according to whether they were in pre-trial detention or serving prison sentences, as was required by the Penal Code. 11. The applicants also contended that they were confined to their cells for sixteen to seventeen hours per day, in the absence of any recreational or educational activities. 12. Meals, which were insufficient and of poor quality, were served in the cells and consumed on the beds. 13. On 29 August 2013 the applicants lodged a complaint with the Prison Board, arguing that the conditions of their detention were very poor, but did not receive any reply. 14. The Government submitted that Chios Prison consisted of nine cells, each furnished with a table, stools, a fridge, cooking stoves, wardrobes and a television. Cells were sufficiently ventilated and heated and had adequate natural light. Additionally, they were regularly cleaned and disinfected. 15. In respect of prison overcrowding, the Government argued that the prison had accommodated 142 inmates at the time the applicants had lodged their application with the Court, only slightly exceeding its capacity of 120 detainees. 16. All detainees had access to adequate medical care provided by the prison doctor. In case of emergency, or when a serious incident occurred, detainees were transferred to Chios General Hospital or Korydallos Prison Hospital in Athens. Those suffering from contagious diseases were held separately or transferred to hospital. The Government provided information showing that some of the applicants had had consultations with doctors in respect of various conditions. 17. There were fifty available places for detainees who wished to work. In addition, detainees had the opportunity to attend educational programmes or other recreational activities which were scheduled from time to time. Most of the applicants participated in some of the educational courses. 18. As regards prisoners’ meals, the Government submitted a menu from a week selected at random to demonstrate that meals were varied.