BOULMAZAT AND OTHERS v. GREECE
Doc ref: 20985/20, 43856/20, 48830/20, 60744/21, 60745/21, 60752/21, 60753/21, 1057/22, 1097/22, 1102/22, 110... • ECHR ID: 001-228223
Document date: September 14, 2023
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THIRD SECTION
DECISION
This version was rectified on 14 September 2023
under Rule 81 of the Rules of Court.
Application no. 20985/20 Mohamed Seifedin BOULMAZAT against Greece and 76 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 6 April 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,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Konstantinos Tsitselikis and Antonios Spathis, lawyers practising in Thessaloniki.
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 Article 13 of the Convention.
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 Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the inadequate conditions of detention. In some of the applications, they further acknowledged that there has been a violation of Article 13 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 were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the applicationâ€.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).
The Court has established clear and extensive case-law concerning complaints relating to the inadequate conditions of detention (see, for example, Muršić v. Croatia [GC], no. 7334/13, 20 October 2016).
Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
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;
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 11 May 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
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments
Amount awarded for non-pecuniary damage and costs and expenses
per applicant (in euros) [1]
20985/20
09/04/2020
Mohamed Seifedin BOULMAZAT
1997Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention-
12/10/2022
31/10/2022
3,900
43856/20
28/09/2020
Chrysovalantis AMBETIN
1988Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention-
27/10/2022
15/11/2022
4,700 [1]
48830/20
21/10/2020
Nikos DELLAPORTAS
1983Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention-
26/10/2022
03/11/2022
6,600
60744/21
06/12/2021
Sergo ELEZAJ
1995Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention-
07/07/2022
27/07/2022
4,400
60745/21
06/12/2021
Andreas KOKKINOS
1986Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
07/07/2022
02/09/2022
7,200
60752/21
06/12/2021
Michail VLACHOS
1974
07/07/2022
27/07/2022
7,600
60753/21
06/12/2021
Frederik SHKARPA
1990
07/07/2022
27/07/2022
3,900
1057/22
21/12/2021
Apostolos AETOPOULOS
1985Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
28/09/2022
30/10/2022
3,250
1097/22
21/12/2021
Antonios AGGELOMATIS
1978Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
28/09/2022
30/10/2022
4,900
1102/22
21/12/2021
Ioannis BATZIAKIS
1991Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
28/09/2022
30/10/2022
3,250
1108/22
21/12/2021
Alexandros BINISIS
1991Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
28/09/2022
31/10/2022
3,900
1112/22
21/12/2021
Antonios HATZIANTONIOU
1959Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
28/09/2022
31/10/2022
2,600
1117/22
21/12/2021
Damianos HIONIDIS
1991Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
28/09/2022
31/10/2022
6,000
1126/22
21/12/2021
Antonios GEORGOPOULOS
1983Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
12/10/2022
06/12/2022
3,200
1145/22
21/12/2021
Konstantinos IORDANOU
1971Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
12/10/2022
31/10/2022
3,300
1154/22
21/12/2021
Georgios KALOURIS
1987Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
12/10/2022
31/10/2022
4,300
1182/22
21/12/2021
Dionysios KOUTROUMBANOS
1978Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
12/10/2022
31/10/2022
3,300
1188/22
21/12/2021
Petros LAMBROPOULOS
1991Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
12/10/2022
31/10/2022
3,200
1239/22
21/12/2021
Georgios LOUKAS
1989Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
12/10/2022
31/10/2022
4,900
1246/22
21/12/2021
Panagiotis LYMBEROPOULOS
1963Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
13/10/2022
30/10/2022
4,300
1263/22
21/12/2021
Christos MILAS
1970Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
13/10/2022
31/10/2022
3,900
1291/22
21/12/2021
Ioannis PLAVOUKOS
1981Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
13/10/2022
31/10/2022
3,300
1303/22
21/12/2021
Pavlos PROVATAS
1990Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
13/10/2022
31/10/2022
4,300
1307/22
21/12/2021
Apostolos THEODOROU
1979Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
13/10/2022
31/10/2022
4,700
1320/22
21/12/2021
Georgios THEODOROPOULOS
1974Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
28/09/2022
31/10/2022
3,600
1328/22
21/12/2021
Spyridon THEODOROPOULOS
1969Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
13/10/2022
31/10/2022
4,700
1336/22
21/12/2021
Xenofon TROVAS
1967Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
13/10/2022
30/10/2022
4,500
1350/22
21/12/2021
Theodoros-Christos TSIAFIS
1984Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
28/09/2022
31/10/2022
4,300
1354/22
21/12/2021
Ioannis TSINIAS
1979Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
28/09/2022
31/10/2022
3,600
2298/22
09/04/2020
Ahcen BOUMAZBEUR
1996Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
29/09/2022
31/10/2022
5,300
2306/22
09/04/2020
Nordine EL GHAZOULI
1995Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
29/09/2022
31/10/2022
5,300
2314/22
09/04/2020
Alkis FEIMOGLOU
1992Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
29/09/2022
31/10/2022
4,800
2321/22
09/04/2020
Gilmas TOPRAK
1988Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
29/09/2022
31/10/2022
3,000
5221/22
28/09/2020
Chrysostomos ALI
1984Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
7,000
5222/22
28/09/2020
Demir ANGELOV
1987Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
4,700
5224/22
28/09/2020
Mitko ANGELOV
1978Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
10,000
5225/22
28/09/2020
Dionysios-Rafael ARABATZIS
1988Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
7,200
5226/22
28/09/2020
Paraskevas- Georgios CHOUSEINOGLOU
1998Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
2,600
5227/22
28/09/2020
Lefteris CHRISTAKIS
1977Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
4,500
5228/22
28/09/2020
Christos EVAGGELOPOULOS
1983Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
7,600
5230/22
28/09/2020
Niikitas FEIMOGLOU
1987Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
4,500
5236/22
28/09/2020
Anastasios KARAGIANNIS
1989Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
5,250
5237/22
28/09/2020
Emmanouil KARAGIANNIS
1977Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
11,700
5239/22
28/09/2020
Evaggelos KOLONIAS
1973Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
15/11/2022
6,400
5247/22
28/09/2020
Zamir MEHMET
1985Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
2,300
5250/22
28/09/2020
Aggelos MOURTZIS
1994Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
4,700
5251/22
28/09/2020
Nikolaos NIKITAS
1995Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
6,250
5252/22
28/09/2020
Andreas PANAGIOTOPOULOS
1975Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
2,950
5254/22
28/09/2020
Dimitrios PASIOS
1993Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
7,600
5256/22
28/09/2020
Mousa ROUSTEMOGLOU
1983Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
4,700
5258/22
28/09/2020
Dimitrios SAMARAS
1979Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
7,400
5260/22
28/09/2020
Evaggelos SABRIOGLOU
1984Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
7,000
5261/22
28/09/2020
Nikolaos TAHIRI
1987Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
1,300
5263/22
28/09/2020
Rasim TAHIRI
1968Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
4,900
5265/22
28/09/2020
Panagiotis - Konstantinos TRABOUZANIS
1991Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
2,950
5266/22
28/09/2020
Alexandros TSAKIRIS
1989Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
18/10/2022
03/11/2022
10,100
5374/22
21/10/2020
Panagiotis DRITSAS
1963Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
7,200
5375/22
21/10/2020
Fotios FOTIADIS
1983Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
7,700
5376/22
21/10/2020
Irodis GEORGIADIS
1969Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
7,400
5377/22
21/10/2020
Stylianos GEORGOPOULOS
1988Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
9,000
5378/22
21/10/2020
Safet HASHIMI
1962Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
12,300
5379/22
21/10/2020
Fotios KARACHALIOS
1982Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
4,100
5380/22
21/10/2020
Dionysios KARACHALIOS
1987Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
4,400
5382/22
21/10/2020
Athanasios-Nikolaos KARAGIANNIS
1984Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
4,200
5385/22
21/10/2020
Fotios KOUTRAS-KOURAKIS
1969Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
5,000
5386/22
21/10/2020
Sholla KOSTANDIN
1994Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
4,100
5388/22
21/10/2020
Paraskevas KRITIKOS
1988Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
5,700
5389/22
21/10/2020
Georgios LOUKAS
1970Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
9,800
5390/22
21/10/2020
Nikolai MARINOV
1994Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
26/10/2022
03/11/2022
6,200
5391/22
21/10/2020
Petros MARKOULIS
1994Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
03/11/2022
7,400
5392/22
21/10/2020
Antonios MENTES
1989Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
03/11/2022
9,200
5395/22
21/10/2020
Spyridon SAITOPOULOS
1976Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
03/11/2022
7,000
5397/22
21/10/2020
Pavlos SAITOPOULOS
1991Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
03/11/2022
5,000
5399/22
21/10/2020
Ioannis TSARITSANIS
1992Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
03/11/2022
4,100
5400/22
21/10/2020
Christos ZARALIKAS
1984Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
03/11/2022
9,400
5402/22
21/10/2020
Zisimos ZARALIKAS
1990Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
03/11/2022
6,300
5403/22
20/10/2020
Evaggelos ZAFEIROPOULOS
1988Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -
27/10/2022
03/11/2022
5,600
[1] Rectified on 14 September 2023: the amount was “9,900â€.
[1] Plus any tax that may be chargeable to the applicants