Sulce and Others v. Greece

THIRD SECTION

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 Government”). 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

1978

Klianis 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

1981

Lampakis 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

1982

Lampakis 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

1968

Moysidou 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

1983

Moysidou 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

1998

Moysidou 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

1978

Christaki 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

1981

Tsitselikis 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

1988

Pipertzi 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

1978

Pipertzi 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

1979

Pipertzi 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

1951

Pipertzi 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

1994

Pipertzi 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

1961

Koutra 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

1973

Koutra 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

1953

Koutra 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

1969

Kakarnias Georgios

Athens

03/04/2023

02/05/2023

3,300

8382/22

29/10/2020

Nikolaos LOUTSAS

1979

Kakarnias Georgios

Athens

03/04/2023

02/05/2023

1,300

8387/22

29/10/2020

Vasilios MARTSOUKAKIS

1982

Kakarnias Georgios

Athens

03/04/2023

02/05/2023

4,700

8403/22

29/10/2020

Theodoros SIASIOS

1983

Kakarnias Georgios

Athens

03/04/2023

02/05/2023

2,900

8407/22

29/10/2020

Alexandros TZAMALIS

1994

Kakarnias Georgios

Athens

03/04/2023

02/05/2023

6,500

9691/22

14/02/2022

Behar FAQOLLI

1989

Kazanas 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

1990

Kazanas 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

1988

Moysidou 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

1993

Moysidou 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

1982

Moysidou 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

1988

Moysidou 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

1978

Moysidou 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

1978

Moysidou 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

1983

Moysidou 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

1969

Moysidou 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

1962

Pipertzi 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

1985

Tsitselikis 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

1989

Kazanas 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

1983

Moysidou 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

1996

Moysidou 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

1999

Moysidou 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

1997

Kazanas 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

1991

Kazanas 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

1974

Moysidou 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

1982

Moysidou 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.