GAMOURAS AND OTHERS v. GREECE

2026-05-21T00:00:00
  THIRD SECTION DECISION Application no. 9778/22 Ioannis GAMOURAS against Greece and 5 other applications (see appended table) The European Court of Human Rights (Third Section), sitting on 21 May 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 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 PROCEDUREThe list of applicants is set out in the appended table. The applicants were represented by Xanthippi Moysidou, a lawyer practising in Thessaloniki. 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, 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 invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The Government acknowledged the inadequate conditions of detention at Patras Prison. They offered to pay the applicants the amounts detailed in the appended table, provided that the applicants have not been awarded any compensation for the same reason under Article 6A of the Penitentiary Code or any other remedy, taking into consideration the duration of their detention in the abovementioned detention facilities in such conditions. 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 LAWHaving 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 in the part covered by the declarations. 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 the part covered by the Government’s declarations as accepted by the applicants. In view of the above, it is appropriate to strike out of the Court’s list of cases the applications in the part covered by the Government’s declarations. As regards the remaining complaints raised by the applicants under Article 13 of the Convention, taking into account the facts of the cases, the Government’s declarations and the Court’s decision to strike out the part of the applications relating to the complaints under Article 3 of the Convention, the Court considers that the main legal question raised in the present applications has been resolved. It concludes, therefore, that there is no need to examine this part of the applications. 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 in the part covered by the Government’s declarations as accepted by the applicants; Decides that there is no need to examine the applicants’ remaining complaints. Done in English and notified in writing on 11 June 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   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]    9778/22 28/09/2020 Ioannis GAMOURAS 1973   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 27/01/2026 18/02/2026 7,000    9779/22 28/09/2020 Athanasios KATSAROS 1978   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 27/01/2026 18/02/2026 9,500    9781/22 28/09/2020 Marios CHATZIKOS - CHANTZIKOS 1979 Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 27/01/2026 18/02/2026 12,800    9782/22 28/09/2020 Ibrahim INZHIROV 1971   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 27/01/2026 18/02/2026 8,700    9785/22 28/09/2020 Boyan VASSILEV 1960   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 27/01/2026 18/02/2026 10,000    9789/22 28/09/2020 Michail VLACHOS 1974   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 27/01/2026 18/02/2026 8,900   [1] Plus any tax that may be chargeable to the applicants.