THIRD SECTION

DECISION

Application no. 1653/21
Muhammad ASHRAF against Greece
and 12 other applications
(see appended table)

The European Court of Human Rights (Third Section), sitting on 6 February 2025 as a Committee composed of:

 Oddný Mjöll Arnardóttir, President,
 Úna Ní Raifeartaigh,
 Mateja Đurović, 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 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 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 6 March 2025.

 

 Viktoriya Maradudina Oddný Mjöll Arnardóttir
 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 wellestablished case-law

 

Date of receipt of Government’s declaration

Date of receipt of applicant’s acceptance

Amount awarded for nonpecuniary damage and costs and expenses

per applicant

(in euros)

  1.    

1653/21

31/12/2020

Muhammad ASHRAF

1994

Kazanas AlexandrosTimotheos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

08/12/2023

19/12/2023

8,400

  1.    

6962/21

20/01/2021

Temuri MDIVANI

1976

 

Chatziioannou Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

08/12/2023

02/01/2024

4,000

  1.    

6964/21

20/01/2021

Volodymyr GALUSHKO

1981

 

Chatziioannou Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

08/12/2023

02/01/2024

11,000

  1.    

6966/21

20/01/2021

Ioannis SOTIRIADIS

1986

 

Chatziioannou Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

08/12/2023

02/01/2024

22,700

  1.    

7705/21

18/01/2021

Dan MAZURU

1995

 

Chatziioannou Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

08/12/2023

02/01/2024

5,300

  1.    

8547/21

26/01/2021

Valeriane GOGISVANIDZE

1973

 

Chatziioannou Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

08/12/2023

02/01/2024

7,200

  1.    

42425/22

17/03/2021

Ioannis GKATZOUNAS

1978

 

Tsitselikis Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

16/09/2024

20/09/2024

5,100

  1.    

42428/22

17/03/2021

Hamid Reza HAMIDI

1986

 

Tsitselikis Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

16/09/2024

21/09/2024

2,100

  1.    

42431/22

17/03/2021

Petros HRISTODOULOU

1958

 

Tsitselikis Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

16/09/2024

21/09/2024

5,500

  1.  

42433/22

17/03/2021

Ioannis KARAGIANNIS

1971

 

Tsitselikis Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

16/09/2024

21/09/2024

4,500

  1.  

42442/22

17/03/2021

Anastasios KIOUSIS

1955

 

Tsitselikis Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

16/09/2024

20/09/2024

2,000

  1.  

42448/22

17/03/2021

Dimitrios KOURIS

1958

 

Tsitselikis Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

16/09/2024

20/09/2024

5,700

  1.  

42452/22

17/03/2021

Alexandros KROMMYDAS

1984

 

Tsitselikis Konstantinos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

16/09/2024

20/09/2024

4,500