CASE OF DAOUKOPOULOS v. GREECE
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 13+3 - Right to an effective remedy (Article 3 - Prohibition of torture;Degrading treatment)
Kristina Pardalos;Pauliine Koskelo;Ksenija Turković
5. The applicant was born in 1971 and at the time of introduction of the application to the Court he was detained in Diavata Prison. 6. The applicant is serving a life sentence for drug dealing. He was initially placed in Diavata Prison from 1 October 2014 until 24 November 2015. On that date he was transferred to Malandrino Prison, from where he was transferred back to Diavata Prison on 9 May 2016. Lastly, on 20 December 2016 he was transferred back to Malandrino Prison. 7. The applicant alleged that he had been detained initially in cell no. B 14, which had measured 9 sq. m and had held four detainees in total. On 7 August 2016 he had been placed in cell no. GR 2 on the ground floor, which had measured 24 sq. m and had held ten detainees. In both cases, therefore, the living space afforded to him had been less than 3 sq. m. Overcrowding had exposed him to infectious diseases and he had suffered from passive smoking. In addition, detainees had had barely any space to move within their cell and their bunk beds had been low, not allowing them to sit up comfortably. 8. Apart from the overcrowding, the applicant submitted that the conditions of his detention had been very poor. Access to natural light and ventilation had been inadequate. Sanitary facilities and supplies had been old, broken and insufficient to ensure the detainees’ wellbeing and personal hygiene. Heating had been provided only for one hour per day from 9 p.m. to 10 p.m., while hot water during winter had been provided for two hours per day and had not sufficed for all detainees. They had been forced to wash themselves using buckets of water, as the water pressure in showers had been insufficient. In each ten-person cell there had been five bunk beds, five stools, a small table and five side tables but no lockable space for personal belongings. In the four-person cell there had been two bunk beds and two stools. The mattresses had been old, mouldy and smelly, and sheets and towels had not been provided. 9. In general, detainees had lacked access to cultural, recreational and sports activities. They had had to rely on visits from friends and family in order to obtain any newspapers or magazines, which had intensified their feeling of isolation. The hours that they had been allowed to spend in the corridors had been insufficient, taking into account that they had coincided with the meal times as well as with the times they had been allowed to receive visits or make phone calls. The yard had included a football field but no balls had been provided to the detainees and the yard had not offered any opportunities for spending time creatively. The applicant further complained of the quantity and the quality of the food, claiming that it had been repetitive and lacking any nutritional value. 10. Lastly, the applicant submitted that the conditions of his detention had led him having several cardiac arrests. 11. The Government, referring to a document provided by the prison authorities, submitted that Diavata Prison had a capacity of 358 detainees on the basis of allocation of 4 sq. m per detainee according to the minimum standards set by the CPT. At the time the applicant had been detained, the prison facility had exceeded its capacity by accommodating 460 to 500 detainees. The applicant had been detained in cell no. 11 on the first floor, which had measured 24 sq. m, including a toilet measuring 2 sq. m. The cell had had a capacity of ten detainees; however, following a new law in April 2015 aimed at relieving overcrowding in prisons, many detainees had been released and that had resulted in the applicant sharing the cell with four to six detainees. Therefore, the living space afforded to the applicant had ranged from 3.14 to 4.4 sq. m. 12. As regards the rest of the applicant’s complaints, the Government argued that the prison had had a central heating system, in addition to the electric heating devices that had been provided to each cell. The cell in which the applicant had been detained had had large windows. Detainees had had access to hot water and had been provided regularly with personal hygiene products. The cells had been regularly disinfected. As regards prisoners’ meals, the Government submitted the menu of various random weeks to demonstrate that they had been comprised of a variety of food. 13. The Government submitted the applicant’s medical file in order to prove that the applicant had already suffered from cardiac conditions when his incarceration had started. The applicant’s medical needs had been fully fulfilled during the time he had spent in Diavata Prison either by visits to the prison doctor or by his transfer to nearby hospitals. Lastly, the applicant had been granted fifteen days of leave in order to take matriculation exams.