Lexploria

Communicated on 14 February 2020 Published on 2 March 2020

FIRST SECTION

Application no. 15330/18 Iskra RIGATOU and others against Greece and 3 other applications (see list appended)

SUBJECT MATTER OF THE CASE

The applicants are forty female prisoners who have been convicted or are on remand at Elaionas prison. They complain mainly under Article 3 of the Convention of their conditions of detention and the lack of appropriate medical care in the prison, as well as under Article 13 of the Convention of the lack of an effective domestic remedy in respect of their complaints regarding the conditions of their detention. In particular, applicants who claim that they suffer from various diseases complain under Article 3 of the Convention of inadequate medical treatment.

Applicants who suffer from mental health problems or are drug addicts complain under Article 5 § 1 of the Convention that they should be detained in an establishment which is especially designed for those purposes and in the appropriate conditions. Remand prisoners complain of the legality of their detention in the same facility as convicts.

The applicants complain of various aspects of their detention conditions. Their complaints concern the following points

- dormitories accommodating on average fifteen prisoners who eat and sleep together, lack of personal space and privacy, toilet facilities in an open space and very few shower facilities;

- dirty cells containing pests, equipment such as dirty mattresses in poor condition which cause problems sleeping and back pain;

- insufficient heaters which are switched on only at very low temperatures and during a short time span within the day; difficulties in having heaters bought by the prisoners accepted by prison management;

- absence of ventilators or air-conditioning during periods of high temperatures in summer;

- insufficient hot water, which is provided for one hour in the evening;

- plumbing problems in the dormitories and the kitchen where there is insufficient equipment and utensils for cooking;

- insufficient provision of cleaning products and selective distribution of those products to persons without financial means; absence of washing facilities and restricted permission to use those facilities only under medical prescription;

- inadequate provision of sanitary products;

- very short time of two hours per day in an unprotected yard which cannot be accessed on rainy days (umbrellas are not allowed) and with no possibility to sit down; cold and humid common spaces;

- insufficient meals of poor quality and nutritional value which are not adapted to specific prisoners ’ special medical requirements (e.g. diabetics);

- inadequate healthcare and medical care, insufficient number of doctors and psychiatric treatment; no prison hospital for female prisoners with serious medical and/or mental health problems; healthy prisoners are placed together with sick prisoners, resulting in their exposure to contagious diseases.

The following applicants complain of various health issues:

(a) Iskra RIGATOU

She is seventy years old and a non-smoker in a cell with sixteen smokers. She complains about having been a victim of violence which caused her arthritis. She suffers from high-cholesterol-related problems, high blood pressure and she had a stroke. She suffers from Meniere ’ s disease which provokes vertigo, tinnitus, hearing loss and ear fullness. She also suffers from mental health problems. The medication prescribed by a neurologist was changed by the prison doctor which caused her to experience side-effects. The one prescribed by the latter had been stopped by the neurologist afterwards because of prohibited substances. She claims that she does not receive nutrition adapted to her medical needs and therefore she has to pay for her own food.

(b) Aikaterini KALFADOPOULOU

She suffers from chronic depression, panic attacks, fast heart-rate and psoriasis, all which began while she was in prison.

(c) Nikolitsa MORAITI

She suffers from psoriasis which began while she was in prison. She also suffers from epilepsy and is receiving heavy medication without having received clear indications regarding the purpose of taking most of her medicines.

(d) Theodora SPATHARI-FAKITSA

She is a drug addict. She suffers from epilepsy and is receiving psychiatric medication. Her request to stop taking some of the medicines has been rejected.

(e) Afroditi MAHRAMA

She is a drug addict and suffers from leg thrombosis, a fractured back, head aneurysm and endometriosis. She also suffers from epileptic seizures, schizophrenia and psychotic episodes. She is 67% disabled and receives psychiatric medication.

(f) Maria ROUSSAKI

She has been a drug addict since 1993 and in a drugs substitution programme in the past. She has been diagnosed with manic depression and since 1995 has been hospitalised twice because of her mental health problems. She is under psychiatric and anti-epileptic medication. Her medication was reduced from three times to once per day which she claims resulted in the deterioration of her health and sleep. She is HIV positive and used to be under anti-retroviral treatment, stopped because it was not possible to run the necessary virus tests in prison. She is also suffering from Hepatitis C. She was held in isolation while she suffered from gastritis, constipation and fever.

(a) Ioanna NYSTAZOU

She is HIV positive and has been diagnosed as suffering from manic depression. She had been hospitalised in Dromokaitio mental health institution. She twice attempted to commit suicide. She consulted a psychiatrist via teleconference calls but her request for a transfer to a psychiatric detention facility was not accepted.

(b) Aggeliki GOULI

She is HIV positive. She is suffering from Hepatitis C and psychiatric issues such as manic depression and bipolar disorder. She is a drug addict and has been trying to join a rehabilitation programme. She contracted scabies whilst in prison.

(c) Anastasia KARIOFILI

She is a drug addict, 67% disabled. She suffers from depression.

(d) Eudoksia KIKERIDI

She is a drug addict.

(e) Panagiota LOUKISA-KOSSYFA

She complains that she developed a colonic disease due to malnutrition.

(f) Paraskevi CHATZILASKARAKI

She suffers from hyperthyroidism, multinodular goitre, exophthalmos and mastitis. She had an allergic reaction to medication and a skin allergy. She was also diagnosed with sinus tachycardia, hypercholesterolemia and she suffered from a bleeding uterus, menstrual cycle disorders and lower abdominal pains. She receives medication for high blood sugar and high blood pressure. She had undergone open heart surgery after which she was diagnosed with a problematic function of her left ventricle and severe coronary artery disease. She suffers from type 2 diabetes, dyslipedmia , neurodermatics and chronic obstructive pulmonary disease. She also suffers from severe psychiatric issues, anxiety, depression with suicidal tendencies and self-harming behaviour for which she receives medication. She is 67% disabled.

(g) Ala ROSMANOVA

She suffers from leg thrombosis and she complains that she does not receive the appropriate medication.

(h) Eleni TIPADI

She is a drug addict. She suffers from sinus arrhythmia and mixed personality disorder for which she is prescribed psychotropic medicines. She is 67% disabled.

(i) Panagiota VASILIOU

She was a drug addict when she was arrested.

(j) Irini VASILOPOULOU

She suffers from lower back pain, migraines and stomach problems. She often has nervous breakdowns due to the pain and requires injections.

(k) Panagiota ANAGNOSTOPOULOU

She suffers from gallstones and she claims that she had requested an operation but she did not receive any response to her request.

(a) Christina PEPONI

She is receiving antidepressant medication and also suffers from cystitis. The doctor requested a cystoscopy and a biopsy which have not been carried out.

(b) Evangelia BOTI

She has been diagnosed with syphilis. She is a drug addict and suffers from psychiatric issues and depression in the form of anxiety, and has made numerous attempts to commit suicide.

(c) Georgia KANALI

She suffers from severe medical issues and has a disability of 50%.

(d) Erasmia SARIDAKI

She suffers from depression and suicidal ideation.

(e) Giannoula EVAGGELOPOULOU

She used to be a drug addict and has suicidal thoughts.

(f) Giannoula KARAGIANNI

She has had psychological problems.

(g) Alexandra MASIALA

She suffers from ankylosing spondylitis and high blood pressure. She has a disability of 67%.

(h) Christina DIMITRIOU

She broke her hand and claims that she did not receive regular medical monitoring which resulted in ankylosis and a disability of 67%.

(i) Maria LITVINA

She requested a dental examination which did not take place.

(j) Khatuna GOGSADZE

She requested a dental examination which did not take place. She has serious dental problems.

(k) Zeinep ARNAOUT MOUSTAFA

She suffers from depression and an anxiety disorder. She fell and requested orthopedic assistance for her injury but she only received painkillers. She broke her teeth and did not receive dental treatment despite her request.

(l) Maia DIMITROVA

She requested a dentist and dermatologist examination which did not take place.

(m) Brounilnta NAKA

She is under psychiatric medication and she is a drug addict. She suffers from dental issues, a broken finger and severe problems with her vision for which she does not receive medical treatment, despite her requests.

(n) Nektaria TSIGKOPOULOU

She has a disability of 67%. She suffers from chronic psychiatric issues, backache, dermatological problems and problems with her vision. She claims that she does not receive sufficient medical treatment.

(o) Christina ZOGRAFOU

She had been prescribed an electromyogram and an MRI which did not take place.

QUESTIONS TO THE PARTIES

Applications nos. 15330/18, 26589/18, 35161/19 and 36275/19

1. Did the conditions of the applicants ’ detention amount to inhuman or degrading treatment in breach of Article 3 of the Convention?

2 . Did the applicants have at their disposal an effective domestic remedy for their complaint regarding their conditions of detention under Article 3, as required by Article 13 of the Convention?

Applications nos. 15330/18, 26589/18 and 35161/18

3. Did the applicants listed in the appendix under nos. 1, 2, 3, 4, 5, 6 (application no. 15330/18), 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14 (application no. 26589/18), 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 (application no. 35161/19) undergo medical treatment adapted to their state of health as required under Article 3 of the Convention and in a specialised facility? In particular, did their medical appointments take place as prescribed and did they have access to appropriate medicine? Did the applicants have at their disposal an effective domestic remedy regarding their complaint, as required by Article 13 of the Convention?

4. In accordance with internal law, should prisoners who are drug addicts be subject to therapeutic treatment before or during their detention? If so, is such an omission in breach of Article 5 of the Convention?

Applications nos. 15330/18 and 26589/18

5. Was there reasonable justification for the detention of the applicants listed in the appendix under nos. 5, 6 (application no. 15330/18) and 1 (application no. 26589/18), who are remand prisoners, in the same facility as the convicted prisoners? Did their detention together with the convicted prisoners amount to inhuman or degrading treatment in breach of Article 3 of the Convention?

Application no. 26589/18

6. Has the applicant ’ s (listed in the appendix under no. 1) right to life, ensured by Article 2 of the Convention, been violated in the present case? Did the authorities know or ought to have known that the applicant posed a real and immediate risk of suicide taking also into consideration her state of health? If so, did they take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk (see Keenan v. United Kingdom , no. 27229/95, § 93, 3 April 2001)?

7. The applicant listed in the appendix under no. 1 is an HIV positive prisoner on remand. She claims that she cannot request her release on the basis of Article 110A of the Criminal Code, which stipulates that convicted prisoners can request release either on medical grounds or based on their disability. In this regard, has the applicant been subjected to a different treatment contrary to Article 14 in conjunction with Article 3 of the Convention than the convicted prisoners who can benefit from these regulations?

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant

Date of Birth

Place of Residence

Nationality

1.

15330/18

Rigatou and Others v. Greece

23/03/2018

1. Iskra RIGATOU

06/12/1948

Thiva , Viotia

Bulgarian

2. Aikaterini KALFADOPOULOU

27/03/1974

Thiva , Viotia

Greek

3. Nikolitsa MORAITI

27/10/1976

Thiva , Viotia

Greek

4. Theodora SPATHARI-FAKITSA

05/10/1980

Thiva , Viotia

Greek

5. Afroditi MAHRAMA

06/11/1986

Thiva , Viotia

Greek

6. Maria ROUSSAKI

10/11/1980

Thiva , Viotia

Greek

2.

26589/18

Nystazou and Others v. Greece

30/05/2018

1. Ioanna NYSTAZOU

18/09/1991

Thiva

Greek

2. Aggeliki GOULI

13/05/1983

Thiva , Viotia

Greek

3. Theodora KARVELA

29/11/1969

Thiva , Viotia

Greek

4. Anastasia KARIOFILI

31/10/1986

Thiva , Viotia

Greek

5. Eudoksia KIKERIDI

18/03/1984

Thiva , Viotia

Greek

6. Panagiota LOUKISA-KOSSYFA

21/12/1960

Thiva , Viotia

Greek

7. Paraskevi CHATZILASKARAKI

05/08/1962

Thiva , Viotia

Greek

8. Irini PACHARIDOU

28/02/1980

Thiva , Viotia

Greek

9. Alma RAKIPI

24/11/1975

Thiva , Viotia

Albanian

10. Ala ROSMANOVA

02/05/1978

Thiva , Viotia

Russian

11. Eleni TIPADI

18/04/1984

Thiva , Viotia

Greek

12. Panagiota VASILIOU

09/06/1978

Thiva , Viotia

Greek

13. Irini VASILOPOULOU

16/05/1983

Thiva , Viotia

Greek

14. Panagiota ANAGNOSTOPOULOU

21/07/1997

Thiva , Viotia

Canadian, Greek

15. Theodora GIORGKA

02/08/1977

Thiva , Viotia

Romanian

3.

35161/19

Peponi and Others v. Greece

01/07/2019

1. Christina PEPONI

11/06/1967

Thiva

Greek

2. Evangelia BOTI

20/08/1967

Thiva

Greek

3. Georgia KANALI

21/07/1976

Thiva

Greek

4. Erasmia SARIDAKI

01/10/1975

Thiva

Greek

5. Giannoula EVAGGELOPOULOU

21/04/1967

Thiva

Greek

6. Giannoula KARAGIANNI

01/01/1983

Thiva

Greek

7. Alexandra MASIALA

11/10/1970

Thiva

Greek

8. Christina DIMITRIOU

13/04/1970

Thiva

Greek

9. Maria LITVINA

19/11/1990

Thiva

Ukrainian

10. Khatuna GOGSADZE

01/04/1979

Thiva

Georgian

11. Zeinep ARNAOUT MOUSTAFA

18/05/1974

Thiva

Greek

12. Maia DIMITROVA

29/04/1990

Thiva

Bulgarian

13. Brounilnta NAKA

11/04/1971

Thiva

Greek

14. Nektaria TSIGKOPOULOU

22/03/1972

Thiva

Greek

15. Christina ZOGRAFOU

17/03/1987

Thiva

Greek

4.

36275/19

Graf and Others v. Greece

28/06/2019

1. Elena GRAF

09/02/1987

Thiva

Greek

2. Tania SEMERTZIDOU-IVANOVA

08/05/1964

Thiva

Greek

3. Liana MOISIDOU

08/10/1974

Thiva

Greek

4. Maria TSAMPLI

15/02/1966

Thiva

Greek

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RIGATOU AND OTHERS v. GREECE and 3 other applications

RIGATOU AND OTHERS v. GREECE and 3 other applications

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