CASE OF CELA 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 detained in Korydallos Prison in Athens when they lodged their application with the Court. 5. The first applicant was detained in Korydallos Prison on 7 March 2013, and was still in detention at the time his observations to the Court were submitted. His detention in Korydallos Prison was temporarily interrupted when he was transferred to Ioannina Prison from 3 July 2013 until 11 July 2013, and to Komotini Prison from 2 December 2013 to 17 December 2013. The second applicant was detained in Korydallos Prison on 22 March 2013 and the third applicant on 21 August 2013; they were still in detention when they submitted their observations to the Court. The fourth applicant was detained in Korydallos prison from 26 June 2013 to 1 May 2014, except for the periods from 17 July 2013 to 3 September 2013, from 27 November 2013 to 10 December 2013, and from 6 February 2014 to 17 February 2014, during which time he was detained in Chania Prison. The fifth applicant was detained in Korydallos Prison from 22 May 2013 to 19 June 2014, except for the period between 20 March 2013 and 28 March 2013. The sixth applicant was detained in Korydallos Prison from 30 January 2013 to 15 August 2014. 6. The applicants alleged that the prison held 2,400 prisoners, while it had been designed to accommodate 700. The applicants were detained in wings A and D in various cells which all measured 9 sq. m, including the space for sanitary facilities, and accommodated three or four prisoners; the living space for each prisoner was therefore less than 3 sq. m. 7. The toilet facilities were partially separated from the rest of the cell. In addition, there was insufficient heating and hot water. Inmates had to use a washbasin to wash themselves, as well as their dishes and clothes. Cells were dirty and overrun with cockroaches and other pests, and no attempt was made to exterminate them. Rubbish was not properly collected and food remains were left in the cells and corridors for days. Prisoners were not sufficiently separated according to their health conditions or whether or not they were drug users. There was no adequate medical care, in particular as regards psychological health. 8. The inmates were confined to their cells for sixteen hours per day, as recreational or educational activities were not provided. They had to take their meals, which were poor in terms of quality and nutritional value, inside their cells. 9. Moreover, the prison was understaffed and unable to secure the prisoners’ safety. 10. The Government asserted that the first to fifth applicants had been detained in various cells in wings A and D. All cells measured 9.60 sq. m. and accommodated three or, on rare occasions, four detainees. The first applicant had also been detained in two cells in wing E: one which measured 10.44 sq. m., and another which measured 42.78 sq. m. and accommodated ten to twenty-two detainees, although it had only accommodated twenty-two detainees for a short period of time. 11. All cells had a window ensuring sufficient light. Every cell was furnished with a washbasin, a toilet, beds, a table, chairs and, usually, wooden shelves. Wings A, B, C and D had twelve communal showers each, and wing E had nine communal showers. Each wing could provide 2,000 litres of hot water every day. Detainees were provided with sheets and blankets, except for when they chose to use their own. 12. The prison had a central heating system, and inmates were provided with fans during the summer. Cells were regularly disinfected and cleaned twice a day by cleaning crews consisting of detainees. All wings had rubbish bins. 13. All detainees had access to the prison’s infirmary, which was open twenty-four hours per day, and there were eighteen doctors with different areas of specialism and three nurses who offered appointments to the prisoners. When inmates’ conditions could not be dealt with in the infirmary, they were transferred to Korydallos Prison Hospital, Korydallos Psychiatric Hospital or an external hospital. The Government submitted the applicants’ medical records, to demonstrate that they had been treated on various occasions. Additionally, the prison’s social services took care of detainees’ needs, including those of the applicants, who had used those services on a number of occasions. 14. As regards prisoners’ meals, the Government submitted the menu for ten days selected at random to demonstrate that meals were varied. 15. Prisoners were able to spend four to five hours in the prison yard every day, practising sport. They were allowed to have a television in the cells, and the prison had a lending library and a book club. In addition, detainees had the opportunity to take one of the available jobs or attend “second chance” school. 16. The Government did not submit observations concerning the sixth applicant (see below, paragraphs 24-26).