SULCE AND OTHERS v. GREECE
Doc ref: 40682/20, 41416/20, 47918/20, 52522/20, 53931/21, 55767/21, 3744/22, 4111/22, 5341/22, 5348/22, 6367... • ECHR ID: 001-228570
Document date: September 28, 2023
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THIRD SECTION
DECISION
Application no. 40682/20 Andrea SULCE against Greece and 40 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 28 September 2023 as a Committee composed of:
Darian Pavli , President , Ioannis Ktistakis, Oddný Mjöll Arnardóttir , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Greek Government (“the Governmentâ€). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the inadequate conditions of detention. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by other provisions of the Convention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declarations made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 19 October 2023.
Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros) [1]
40682/20
28/08/2020
Andrea SULCE
1978Klianis Eleftherios
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
23/03/2023
13/04/2023
5,800
41416/20
14/09/2020
Asterios AGAPIDIS
1981Lampakis Christos
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
23/03/2023
31/03/2023
2,600
47918/20
16/10/2020
Theofilos PAPASKOULIS
1982Lampakis Christos
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
23/03/2023
31/03/2023
1,600
52522/20
19/11/2020
Eleftherios HASAN
1968Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
23/03/2023
10/04/2023
4,300
53931/21
02/11/2021
Besnik KERCYKU
1983Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
01/07/2022
12/07/2022
2,300
55767/21
02/11/2021
Muhammed EL ABDULLAH
1998Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
21/07/2022
23/09/2022
2,000
3744/22
19/12/2019
Andrei MORARU
1978Christaki Ioanna
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/09/2022
27/10/2022
11,200
4111/22
10/10/2019
Christos EMMANOUILIDIS
1981Tsitselikis Konstantinos
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
03/04/2023
06/04/2023
5,000
5341/22
09/10/2020
Christos KALOUZIDIS
1988Pipertzi Ioanna
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention –
30/03/2023
15/05/2023
900
5348/22
09/10/2020
Dimitrios ASPROFRIDIS
1978Pipertzi Ioanna
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
30/03/2023
15/05/2023
2,600
6367/22
11/09/2020
Tsamil SARMINI
1979Pipertzi Ioanna
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
23/03/2023
15/05/2023
5,900
6370/22
11/09/2020
Macher Michail CHAIAOUI
1951Pipertzi Ioanna
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
23/03/2023
15/05/2023
6,000
6372/22
11/09/2020
Kristo XHACKA
1994Pipertzi Ioanna
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
23/03/2023
15/05/2023
5,400
7402/22
04/11/2019
Efstathios FEIMOGLOU
1961Koutra Electra-Leda
Athens
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention –
23/03/2023
24/04/2023
1,300
7410/22
04/11/2019
Edouardos MELIKIDIS
1973Koutra Electra-Leda
Athens
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
23/03/2023
24/04/2023
4,700
7411/22
04/11/2019
Georgios FOTIADIS
1953Koutra Electra-Leda
Athens
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
23/03/2023
24/04/2023
13,400
8378/22
29/10/2020
Evagelos LENOS
1969Kakarnias Georgios
Athens
03/04/2023
02/05/2023
3,300
8382/22
29/10/2020
Nikolaos LOUTSAS
1979Kakarnias Georgios
Athens
03/04/2023
02/05/2023
1,300
8387/22
29/10/2020
Vasilios MARTSOUKAKIS
1982Kakarnias Georgios
Athens
03/04/2023
02/05/2023
4,700
8403/22
29/10/2020
Theodoros SIASIOS
1983Kakarnias Georgios
Athens
03/04/2023
02/05/2023
2,900
8407/22
29/10/2020
Alexandros TZAMALIS
1994Kakarnias Georgios
Athens
03/04/2023
02/05/2023
6,500
9691/22
14/02/2022
Behar FAQOLLI
1989Kazanas Alexandros-Timotheos
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention –
10/03/2023
12/04/2023
3,600
9698/22
14/02/2022
Raba Rabe MOUKRANI MOUKANE
1990Kazanas Alexandros-Timotheos
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
10/03/2023
12/04/2023
3,900
9712/22
14/02/2022
Evgenii SHTIRBU
1988Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
03/04/2023
08/05/2023
4,000
9717/22
14/02/2022
Aleksei LIUBIMOV
1993Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
03/04/2023
08/05/2023
12,500
9730/22
14/02/2022
Serhii CHEREDNYCHENKO
1982Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
03/04/2023
08/05/2023
5,200
9735/22
14/02/2022
Oleksandr MUDRYK
1988Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
03/04/2023
08/05/2023
6,600
9744/22
14/02/2022
Serhii BOHDANOV
1978Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
03/04/2023
08/05/2023
6,200
9783/22
28/09/2020
Kalam / Kamal KAMAL
1978Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
10/03/2023
10/04/2023
14,000
9784/22
28/09/2020
Alfred NDRECA
1983Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
10/03/2023
10/04/2023
4,300
9792/22
28/09/2020
Christoforos XANTHOPOULOS
1969Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
10/03/2023
10/04/2023
6,000
10206/22
24/09/2020
Ilias PANAGIOTAKIS
1962Pipertzi Ioanna
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
23/03/2023
15/05/2023
5,200
12305/22
27/11/2020
Nikolaos KARANIKOLOS
1985Tsitselikis Konstantinos
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
10/03/2023
15/03/2023
7,400
12889/22
01/03/2022
Wahid AHMET
1989Kazanas Alexandros-Timotheos
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
10/03/2023
12/04/2023
6,400
18158/22
06/04/2022
Lambros HOUSEINOGLOU
1983Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
11/04/2023
08/05/2023
8,600
18174/22
06/04/2022
Dovid SHPUZA
1996Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
16/03/2023
10/04/2023
7,200
18197/22
06/04/2022
Ali AL SAADI OR ABDULLAH
1999Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
16/03/2023
10/04/2023
3,350
19783/22
08/04/2022
Ahmed ATAR
1997Kazanas Alexandros-Timotheos
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
10/03/2023
12/04/2023
6,250
19784/22
29/03/2022
Mohammad SHAQIR
1991Kazanas Alexandros-Timotheos
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
11/04/2023
08/05/2023
3,600
23297/22
03/05/2022
Vasil LIKA
1974Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
06/04/2023
08/05/2023
7,300
27969/22
27/05/2022
Dimitrios GAITANIS
1982Moysidou Xanthippi
Thessaloniki
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
06/04/2023
08/05/2023
3,800
[1] Plus any tax that may be chargeable to the applicants.