KOUTSOSTAVROS AND OTHERS v. GREECE

  THIRD SECTION DECISION Application no. 31023/19 Konstantinos KOUTSOSTAVROS against Greece and 7 other applications (see appended table) The European Court of Human Rights (Third Section), sitting on 19 February 2026 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 against the Hellenic Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants in applications nos. 39224/19, 15722/22, 22275/22, 22458/22 and 42462/22, 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 all the applications with the exception of application no. 31023/19, complaints based on the same facts were also communicated under Article 13 of the Convention concerning the lack of any effective remedy in domestic law in respect of inadequate conditions of detention. THE LAW Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision. Complaints under Articles 3 and 13 of the Convention (inadequate conditions of detention and right to an effective remedy)In the present applications, having examined all the material before it, the Court considers that the complaints about the applicants’ conditions of detention and the lack of any effective remedy in domestic law in respect of such conditions are inadmissible for the reasons stated below. In particular, the Government asked the Court to reject the applications on the grounds of non-exhaustion of domestic remedies on account of the applicants’ failure to lodge compensatory actions with the domestic courts based on Article 105 of the Introductory Law to the Civil Code for the conditions of their detention. The Court reiterates that as regards the exhaustion of domestic remedies, the situation of a person who was detained under circumstances which he or she deemed contrary to Article 3 of the Convention and who apprised the Court after his or her release is different from the situation of an individual who is still in detention under the circumstances of which he or she complains. In particular as regards Greece, an action under Article 105 of the Introductory Law to the Civil Code constitutes a purely compensatory remedy which allows the person concerned to seek and obtain redress for his or her conditions of detention in prison following release or transfer (see, for instance, Chatzivasiliadis v. Greece (dec.), no. 51618/12, §§ 29-34, 26 November 2013; and Zabelos and Others v. Greece, no. 1167/15, §§ 50 and 54, 17 May 2018,). The applicants in the present cases were released from prison on various dates prior to lodging their application with the Court or on the date of the introduction of the applications to the Court (see appended table for the relevant information). It follows that when they lodged their applications with the Court the applicants were no longer detained under the conditions of which they complained to the Court. By lodging their applications with the Court they did not seek to put an end to an ongoing violation, but to obtain a subsequent ruling on an alleged past violation on account of the conditions of their detention in prison and, if appropriate, to receive just satisfaction for non-pecuniary damage. Therefore, an action under Article 105 of the Introductory Law to the Civil Code constituted a domestic remedy which should have been used by the applicants. In view of the above, the Court finds that the applicants have failed to exhaust domestic remedies, and thus their complaints under Article 3 of the Convention must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.  Bearing in mind the considerations made above, the complaint under Article 13 is manifestly ill-founded and must be rejected pursuant to Article 35 §§ 3 (a) and 4 of the Convention For these reasons, the Court, unanimously, Decides to join the applications; Declares the applications inadmissible. Done in English and notified in writing on 12 March 2026.    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 Facility of release Release date Other complaints under well-established case-law    31023/19 05/06/2019 Konstantinos KOUTSOSTAVROS 1980 Katsaris Dimitrios Athens Korydallos Prison 25/04/2019        39224/19 12/07/2019 Athanasios PIKASIS 1988   Kakarnias Georgios Athens Korydallos Prison 05/07/2019   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention    15722/22 28/02/2022 Ioannis BARSAKIS 1979   Tsitselikis Konstantinos Thessaloniki Korydallos Prison 28/02/2022   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention    21997/22 11/05/2021 Anastasios GRAMMATIKOS 1968 Ladis Charilaos Athens Larisa Prison 15/04/2021   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention    22006/22 11/05/2021 Panagiotis PASSIOS 1994   Ladis Charilaos Athens Korydallos Prison 11/05/2021 Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention    22275/22 20/07/2021 Vasilios DIMOPOULOS 1973   Tsitselikis Konstantinos Thessaloniki Korydallos Prison 25/06/2021   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention    22458/22 18/03/2022 Almpano TRIANTAFYLLOU 1990 Ladis Charilaos Athens Korydallos Prison 18/03/2022   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention    42462/22 17/03/2021 Konstantinos BALANOS 1978   Tsitselikis Konstantinos Thessaloniki Korydallos Prison 17/03/2021   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention