MAMTZADERIAS AND OTHERS v. GREECE

2026-05-21T00:00:00
F THIRD SECTION DECISION Application no. 22932/22 Apostolos MAMTZADERIAS against Greece and 14 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 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, 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 at the Korydallos I Detention Facility and the Patras Correctional Facility. 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 Greek Penitentiary Code or any other remedy, taking into consideration the duration of their detention in the abovementioned detention facilities in such conditions. They 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 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. 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 the applications in that part out of the Court’s list of cases. 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 part of the applications as covered by the Government’s declarations and accepted by the applicants, out of its list of cases in accordance with Article 39 of the Convention; Decides that there is no need to examine separately the remaining part of the applications. 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   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]    22932/22 13/04/2022 Apostolos MAMTZADERIAS 1979   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 10/11/2025 23/03/2026 4,700    35609/22 13/07/2022 Patrisios Donatos DELENTONE 1978   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 5,000    35614/22 13/07/2022 Constantin CRISTIAN 1981   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 10,100    35628/22 13/07/2022 Themistoklis ARVANITAKIS 1987   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 7,800    35643/22 13/07/2022 Spyridon MAZARAKIS 1971   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 3,500    35648/22 13/07/2022 Nektarios MOUTSOPOULOS 1980   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 7,400    35659/22 13/07/2022 Vasilios PATSIOPOULOS 1980   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 9,000    35661/22 13/07/2022 Christos SOUTAS 1979   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 5,400    35758/22 13/07/2022 Donald Banye UCHE 1967   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 7,400  35772/22 13/07/2022 Stavros LEMONIAS 1972   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 5,700  35774/22 13/07/2022 Panagiotis LEFKADITIS 1976   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 01/04/2026 3,500  40178/22 29/07/2022 Farhat AWNI 1986   Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 5,500  40181/22 29/07/2022 Lulezim DERVISHI 1964   Moysidou Xanthippi Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 10,500  43568/22 05/04/2021 Stavros PEROUKIDIS 1964   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 26/03/2026 28/03/2026 2,600  46603/22 27/09/2022 Efstathios CHRONOPOULOS 1953   Tsitselikis Konstantinos Thessaloniki   Spathis Antonios Thessaloniki Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 27/11/2025 23/03/2026 3,800   [1] Plus any tax that may be chargeable to the applicants.