Tzonis and Others v. Greece

THIRD SECTION

This version was rectified on 6 February 2025

under Rule 81 of the Rules of Court.

Application no. 17235/21 Konstantinos TZONIS against Greece and 6 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 18 April 2024 as a Committee composed of:

Peeter Roosma , President , Andreas Zünd, Oddný Mjöll Arnardóttir , 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 other provisions of the Convention.

The Government submitted unilateral 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 the domestic authorities had violated the applicants’ rights guaranteed by other provisions of the Convention as indicated in the appended table. 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 accepted 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 declarations 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 16 May 2024.

Viktoriya Maradudina Peeter Roosma 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]

17235/21

24/03/2021

Konstantinos TZONIS

1976

Moysidou Xanthippi

Thessaloniki

Koutra Electra-Leda

Athens [1]

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

02/02/2022

04/03/2022

8,450

21265/21

19/04/2021

Iurie IGNATIEV

1983

Moysidou Xanthippi

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

16/02/2022

09/03/2022

10,500

23043/21

19/04/2021

Nikolae Laurentiu BADEA

1984

Moysidou Xanthippi

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

09/03/2022

23/03/2022

8,800

33414/21

16/06/2021

Ramadan KANJOU OR KANJO

1997

Moysidou Xanthippi

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

03/06/2022

29/05/2023

4,500

37687/21

15/07/2021

Konstantinos MEGGAS

1963

Moysidou Xanthippi

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention –

09/03/2022

23/03/2022

11,300

3754/22

19/12/2019

Ibrahim DAHBOUR

1995

Christaki Ioanna

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

12/10/2022

20/11/2022

8,800

10564/22

14/02/2022

Haroon RIAZ

1999

Kazanas Alexandros-Timotheos

Thessaloniki

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention -

10/03/2023

12/04/2023

5,500

[1] Rectified on 6 February 2025: “Koutra Electra-Leda, Athens” was added

[1] Plus any tax that may be chargeable to the applicants.