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)

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]

  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

  1.    

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

  1.    

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

  1.    

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

  1.    

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

  1.    

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

  1.    

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

  1.    

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.