THIRD SECTION
DECISION
Application no. 56913/21
Niko FUQI against Greece
and 7 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 13 March 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 3 April 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)
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] | |
56913/21 10/11/2021 | Niko FUQI 1972
| Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 28/09/2022 | 14/10/2022 | 3,300 | |
56967/21 10/11/2021 | Georgios SPANIDIS 2000
| Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 28/09/2022 | 14/10/2022 | 3,000 | |
56976/21 10/11/2021 | Ilia THIMO 1976
| Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 28/09/2022 | 14/10/2022 | 5,200 | |
56985/21 10/11/2021 | Christoforos GEORGIADIS 1981
| Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 28/09/2022 | 14/10/2022 | 6,700 | |
56993/21 10/11/2021 | Antonios DIMITRIADIS 1962
| Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 28/09/2022 | 14/10/2022 | 4,200 | |
56995/21 10/11/2021 | Lambros KIKIONIS 1988
| Moysidou Xanthippi Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 28/09/2022 | 14/10/2022 | 4,100 | |
3127/22 07/01/2022 | Umar Shehzad BUTT 1995
| Moysidou Xanthippi Thessaloniki
Chatziioannou Konstantinos Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 12/10/2022 | 24/10/2022 | 6,100 | |
10103/22 14/02/2022 | Stylianos LIANOS 1971
| Chatziioannou Konstantinos Thessaloniki
Klianis Eleftherios Thessaloniki | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - | 10/03/2023 | 28/04/2023 | 9,800 |
[1] Plus any tax that may be chargeable to the applicants.