CASE OF IATROPOULOS 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)
Armen Harutyunyan;Ledi Bianku
4. The applicants were all detained in the Transfers Department of Thessaloniki (Τμήμα Μεταγωγών); they were either in pre-trial detention or serving a prison sentence. Specifically, the first applicant was detained in the Transfers Department of Thessaloniki from 24 January 2013 until 29 April 2013; the second applicant was detained in the Transfers Department of Thessaloniki from 27 November 2012 until 1 March 2013; and the third applicant was detained in the Transfers Department of Thessaloniki from 29 January 2013 until 11 March 2013. 5. The applicants alleged that the Transfers Department of Thessaloniki had been an entirely inappropriate place in which to spend long periods of detention, as they had done. The cells in which they had been held had measured 40 sq. m and had been designed to accommodate nine detainees. However, the number of detainees accommodated had varied from twelve to twenty-two. 6. Cells had been insufficiently lit and ventilated, which, in addition to overcrowding and the filthiness of the premises, had affected inmates’ health. The blankets that had been provided had never been washed. The applicants furthermore stressed that there had been insufficient heating and hot water and that they had never been provided with soap. 7. Detainees had been confined to their cells and had not been allowed to spend time outside, which had affected their psychological health. Recreational activities had not been offered and cells had not been equipped with televisions or radio. 8. The meals that had been provided to detainees had cost 5.87 euros (EUR) per day and had not sufficed to cover their daily dietary needs, either in terms of quantity or quality. 9. On 22 February 2013 the applicants lodged a complaint with the public prosecutor, complaining of the conditions of their detention but received no reply. 10. The Government firstly argued that the applicants had complained in a general way, without providing specific references concerning the actual conditions of their detention. 11. As regards the premises in which the applicants had been detained, the Government submitted that the Transfers Department of Thessaloniki had been comprised of six cells on the ground floor which had measured 59 sq. m each and had been designed to accommodate ten male detainees. There had been another two cells which had accommodated female detainees. All cells had had in-cell sanitary facilities and had had sufficient light and received sufficient ventilation through large windows. 12. Cells had accommodated five to fifteen detainees. Most of the detainees had been held in the facility for very short periods of time, as the Transfers Department had been used when transferring detainees from one facility to another or to the court room. As a result, when the number of detainees had exceeded the number that the cells had been designed to accommodate, that had only remained the case until transfers had been completed. In any event, the space available for each inmate had never been less than 4 sq. m. 13. An external contractor had cleaned the facilities every day and had disinfected the detention areas once a week. Hot water and heating had been available throughout the premises and all sheets and blankets had been regularly cleaned and replaced in the event that they had become worn out. 14. Food had been provided to detainees by a private catering company and had been of good quality and quantity; the Government submitted examples of the various meals offered, arguing that these had covered all dietary needs and preferences. 15. The Government pointed out that the applicants had not referred to or adduced any evidence that they had not received any medical treatment that they had needed. On the contrary, according to the police station’s records, the second applicant had been transferred to Papanikolaou Hospital on 29 December 2013 for a medical check-up.