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THIRD SECTION
DECISION
Application no. 13152/20
Georgios RASIMOGLOU against Greece
and 50 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 23 March 2023 as a Committee composed of:
Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, 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 Government”). Complaints based on the same facts were also communicated under Article 13 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. 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 declaration 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 13 April 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. | 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] |
13152/20 28/02/2020 | Georgios RASIMOGLOU 1985 | Pipertzi Ioanna Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 29/09/2022 | 20/10/2022 | 11,300 | |
30180/20 09/07/2020 | Panagiotis KOLIASTASIS 1968 | Pipertzi Ioanna Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 14/09/2022 | 29/09/2022 | 18,000 | |
43993/20 01/10/2020 | Panagiotis IOANNIDIS 1981 | Pipertzi Ioanna Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 14/09/2022 | 25/10/2022 | 2,800 | |
15106/21 12/03/2021 | Murat ELMAS 1990 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 31/01/2022 | 19/05/2022 | 6,050 | |
15123/21 12/03/2021 | Burak OKSUZ 1986 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 31/01/2022 | 19/05/2022 | 10,150 | |
15127/21 12/03/2021 | Doven Mustafa DEMIR 1990 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 31/01/2022 | 19/05/2022 | 6,050 | |
15132/21 12/03/2021 | Umit ISCI 1990 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 31/01/2022 | 19/05/2022 | 9,750 | |
15136/21 12/03/2021 | Ali / Polyvios IMBRAM 1975 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 31/01/2022 | 19/05/2022 | 6,650 | |
19095/21 30/03/2021 | Meritan CALAJ 1995 | Lampakis Christos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 09/03/2022 | 15/04/2022 | 6,500 | |
33434/21 16/06/2021 | Atanas ATANASOV 1977 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 04/03/2022 | 15/03/2022 | 12,100 | |
43945/21 27/08/2021 | Merab TATUNASHVILI 1964 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 04/07/2022 | 4,050 | |
43946/21 27/08/2021 | Usman NOROZ 1993 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 04/07/2022 | 5,300 | |
43947/21 27/08/2021 | Dumitru GHERMAN 1991 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 04/07/2022 | 5,250 | |
43951/21 27/08/2021 | Alexander ALAVIDZE 1978 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 04/07/2022 | 3,450 | |
44286/21 30/08/2021 | Pavlos KELIANIDIS 1971 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 11/07/2022 | 7,950 | |
44316/21 30/08/2021 | Vasilios MOURATIDIS 1979 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 11/07/2022 | 3,950 | |
44339/21 30/08/2021 | Leonidas ASIMAKIS 1996 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 11/07/2022 | 2,300 | |
44341/21 01/09/2021 | Olti DULCE 1983 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 11/07/2022 | 2,950 | |
44345/21 02/09/2021 | David GOGGIASVILI 1990 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 11/07/2022 | 6,250 | |
44357/21 31/08/2021 | Rafael GEVORKYAN 1984 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 11/07/2022 | 7,200 | |
44358/21 31/08/2021 | Maher ABDULLAH 1998 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 11/07/2022 | 3,600 | |
44701/21 31/08/2021 | Fotios ZILFIDIS 1982 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 03/06/2022 | 11/07/2022 | 1,950 | |
52946/21 22/10/2021 | Vruyr KHARATYAN 1992 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 27/07/2022 | 3,900 | |
52974/21 22/10/2021 | Trajche KOSTOVSKI 1989 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 27/07/2022 | 7,000 | |
52979/21 22/10/2021 | Andrei TANASCIUK 1989 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 27/07/2022 | 9,100 | |
53974/21 02/11/2021 | Pavlos ASIMOGLOU 1968 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 30/06/2022 | 6,000 | |
53980/21 02/11/2021 | Marios ALEXOPOULOS 1969 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 30/06/2022 | 7,800 | |
53985/21 02/11/2021 | Kosmas SAMBANIS 1978 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 30/06/2022 | 1,600 | |
53989/21 02/11/2021 | Waly-Muhamad RUSTAMI 1990 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 30/06/2022 | 4,500 | |
53993/21 02/11/2021 | Petros GIOUROUKIS 1960 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 30/06/2022 | 9,750 | |
54099/21 02/11/2021 | Alexandros CHRISTOPOULOS 1974 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 30/06/2022 | 11,150 | |
54104/21 02/11/2021 | Nikolae or Marin POP OR COSTIN 1988 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 28/06/2022 | 12,700 | |
55068/21 02/11/2021 | Arjan SKENDERAJ 1982 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 14/09/2022 | 04/10/2022 | 6,800 | |
55083/21 02/11/2021 | Andrea LEKA 1977 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 14/09/2022 | 04/10/2022 | 2,800 | |
55215/21 02/11/2021 | Ivan KIRCHEV 1995 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 26/08/2022 | 23/09/2022 | 8,600 | |
55595/21 02/11/2021 | Konstantinos KARKAVANIS 1993 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 30/06/2022 | 5,100 | |
55599/21 02/11/2021 | Dimitrios KAPOUSOUZ 1962 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 30/06/2022 | 4,100 | |
55605/21 02/11/2021 | Muhammed ELUBEYID 1996 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 30/06/2022 | 6,250 | |
55615/21 02/11/2021 | Rosen DZHAMALOV 1977 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 21/06/2022 | 30/06/2022 | 10,150 | |
55626/21 02/11/2021 | Ioannis DEMIR 1983 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 14/09/2022 | 04/10/2022 | 4,400 | |
55644/21 02/11/2021 | Elvis RASIM OGLOU 1997 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 14/09/2022 | 04/10/2022 | 7,200 | |
55646/21 02/11/2021 | Ivaylo DIMITROV 1985 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 14/09/2022 | 04/10/2022 | 7,800 | |
55649/21 02/11/2021 | Nikolaos ANDRONIKIDIS 1996 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 14/09/2022 | 04/10/2022 | 3,700 | |
116/22 13/12/2021 | Alexander SALTKHUTSISHVILI 1964 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 28/09/2022 | 19/10/2022 | 4,600 | |
122/22 13/12/2021 | Antonios TZIKAS 1948 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 28/09/2022 | 19/10/2022 | 2,600 | |
127/22 13/10/2021 | Garyfallos LIAKOPOULOS 1979 | Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 28/09/2022 | 01/11/2022 | 5,400 | |
3118/22 07/01/2022 | Ioannis PITSIKAS OR PISTIKAS 1987 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 12/10/2022 | 24/10/2022 | 3,600 | |
3129/22 07/01/2022 | Shaban DAUTI 1963 | Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 12/10/2022 | 24/10/2022 | 11,700 | |
4105/22 01/10/2020 | Bhzad-Bezad KARIMI 1982 | Pipertzi Ioanna Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 14/09/2022 | 29/09/2022 | 8,600 | |
4108/22 25/09/2020 | Vasilios PANAGIOTOPOULOS 1985 | Pipertzi Ioanna Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 14/09/2022 | 16/11/2022 | 5,300 | |
4184/22 28/02/2020 | Georgios PENTAZIDIS 1981 | Pipertzi Ioanna Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 29/09/2022 | 20/10/2022 | 4,700 |
[1] Plus any tax that may be chargeable to the applicants.