QADEER AND OTHERS v. GREECE

2025-10-02T00:00:00
  THIRD SECTION DECISION Application no. 52176/20 Ashraf QADEER against Greece and 14 other applications (see appended table) The European Court of Human Rights (Third Section), sitting on 2 October 2025 as a Committee composed of:  Diana Kovatcheva, President,  Canòlic Mingorance Cairat,  Vasilka Sancin, 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 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 all applications except application no. 52176/20, 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. In all applications, save for application no. 52176/20, they further acknowledged that there has been a violation of Article 13 of the Convention on account of the lack of an effective remedy in domestic law in respect of inadequate conditions of detention. 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 23 October 2025.    Viktoriya Maradudina Diana Kovatcheva  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  (in euros)[1]    52176/20 18/11/2020 Ashraf QADEER 1983 Malandris Eftychios Thessaloniki   30/04/2025 22/05/2025 2,200    2758/22 08/10/2019 Konstantinos KARAMANOGLOU 1963 Klianis Eleftherios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 02/05/2025 19/06/2025 11,500    22111/22 11/05/2021 Stylianos MERELIS 1984 Ladis Charilaos Athens Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 29/04/2025 15/05/2025 4,300    49854/22 14/10/2022 Stylianos BAXEVANAKIS 1986 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 02/05/2025 20/05/2025 8,000    51774/22 24/10/2022 Evaggelos PASIOS 1988 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 04/04/2025 20/05/2025 5,700    51951/22 21/10/2022 Rahman-Abduraman ABDUL-MAMASABUDIN 1995 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 04/04/2025 12/05/2025 5,300    51952/22 21/10/2022 Porfyrios SOULEIMAN 1986 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 04/04/2025 12/05/2025 4,000    51955/22 21/10/2022 Efthymios ARAMBATZIS 1991 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 04/04/2025 12/05/2025 3,900    51956/22 21/10/2022 Antonios DIMITRIADIS 1992 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 04/04/2025 12/05/2025 5,300  51979/22 21/10/2022 Zaharias FOUNTOUNAS 1995 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 03/04/2025 12/05/2025 5,000  51982/22 21/10/2022 Ioannis-Theodoros PAPADIMITRIOU 1991 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 03/04/2025 12/05/2025 4,800  51986/22 21/10/2022 Kamran RAJA 1989 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 03/04/2025 12/05/2025 7,800  51993/22 21/10/2022 Panagiotis KARATZOUNIS 1981 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 03/04/2025 12/05/2025 4,800  51997/22 21/10/2022 Ali IFRAN OR IRFAN OR OSMAN 1984 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 03/04/2025 12/05/2025 13,800  52017/22 21/10/2022 Charalambos THEODOROPOULOS 1999 Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention - 03/04/2025 12/05/2025 4,000   [1] Plus any tax that may be chargeable to the applicants.