Published on 18 September 2023

THIRD SECTION

Application no. 2500/22 P.S. against Greece lodged on 9 August 2022 communicated on 29 August 2023

SUBJECT MATTER OF THE CASE

The case concerns the conditions of detention and access to medical treatment, as well as effectiveness of the new domestic legal remedy in respect of conditions of detention in Greece introduced by virtue of law n o 4985/2022, as added to article 6A of law n o 2776/1999 (Penitentiary code).

The applicant is a male prisoner who is currently detained in Nafplio prison.

The applicant primarily complains under Article 3 of the Convention of the lack of appropriate medical care in prison. He is HIV-positive and alleges that he is not provided with prompt and regular anti ‑ retroviral treatment and blood tests. He suffers from various other medical issues, including endocarditis and mental health problems, as well as drug addiction. He alleges that the medication provided to him is inappropriate. He further complains of his unnecessary transfer from Korydallos prison hospital to Nafplio prison, where the medical treatment he receives is extremely inadequate as there is no prison doctor.

The applicant further complains under Article 3 of the Convention of the conditions of his detention in Nafplio prison. His complaints concern mainly the following aspects of his detention:

- his placement in an isolated area with four or five other HIV-positive prisoners;

- sleeping on the floor next to the toilet because of lack of sleeping place;

- overcrowding, with cells of 14 sq. m. accommodating on average seven prisoners;

- unpartitioned toilet inside the cell;

- meals of poor quality, quantity and nutritional value which are not appropriate to the applicant’s special medical requirements, since he is HIV ‑ positive;

- filthy wards with insufficient heating and ventilation;

- lack of hygienic facilities, poor sanitary conditions which are incompatible with the applicant’s state of health.

Under Article 13 of the Convention the applicant complains of the lack of an effective domestic remedy in respect of his complaints regarding the conditions of his detention and the lack of adequate medical care.

QUESTIONS TO THE PARTIES

1. Do the conditions of the applicant’s detention amount to inhuman or degrading treatment in breach of Article 3 of the Convention ( Logothetis and Others v. Greece , no. 740/13, §§ 39-48, 25 September 2014, and Muršić v. Croatia [GC], no. 7334/13, §§ 96-101, 20 October 2016)?

2. Does the applicant have at his disposal an effective domestic remedy in respect of his complaint regarding his conditions of detention under Article 3, as required by Article 13 of the Convention? Could the domestic legal remedy provided by virtue of law no. 4985/2022, as added to article 6A of law no. 2776/1999, be considered effective within the meaning of Article 13 of the Convention? In particular, could this remedy be considered as an effective preventive and/or compensatory remedy within the meaning of Article 13 of the Convention (see J.M.B. and Others v. France , nos. 9671/15 and 31 others, § 208, 30 January 2020; Ulemek v. Croatia , no. 21613/16, §§ 71-74, 31 October 2019; and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 93-99, 210-231, 10 January 2012)?

The Government are requested to provide examples of the relevant domestic case-law in application of the legal remedy provided by virtue of Law no. 4985/2022, as added to article 6A of Law no. 2776/1999.

3. Having regard to the applicant’s state of health, does he receive appropriate medical treatment as required under Article 3 of the Convention? In particular, does the applicant, who is HIV-positive, have access to regular medical monitoring, anti-retroviral treatment and medicine? Does he have access to medication prescribed for his mental health condition? Was the applicant’s transfer from Korydallos prison hospital to Naflpio hospital appropriate in view of his state of health? Does the applicant - who is a drug addict - receive therapeutic treatment during his detention in accordance with Article 3 of the Convention ( see, among other authorities, Rooman v. Belgium [GC], no. 18052/11, §§ 141-168, 31 January 2019, and Aleksanyan v. Russia , no. 46468/06, § 140, 22 December 2008)?

The parties are requested to provide further evidence related to the applicant’s medical treatment, such as copies of his complaints to the domestic authorities, responses to such complaints and a copy of his medical file maintained at the Korydallos and Naflpio prisons.

4. Does the applicant have at his disposal an effective domestic remedy regarding his complaint about the lack of adequate medical treatment, as required by Article 13 of the Convention?