In Farooq and Others v. Greece, the ECtHR found a violation of Articles 3 (prohibition of torture) and 13 (right to an effective remedy) of the ECHR, due to the poor conditions of detention in Corfu prison and the absence in national law of any effective remedy allowing the applicants to complain of a violation of Article 3.
Article 3 of the European Convention on Human Rights (hereafter the ECHR) recognizes the absolute right not to be subjected to torture or to inhuman or degrading treatment or punishment, and thus enshrines one of the fundamental values of democratic societies. In order for the conditions of detention to comply with the requirements of Article 3, the State must ensure that (a) individuals are detained in conditions compatible with respect for human dignity, (b) the manner and method of execution of custodial sentences do not subject persons to such an ordeal that exceeds the unavoidable level of suffering inherent in detention; and (c) that the health and well-being of such persons are adequately safeguarded, in particular by the provision of the necessary medical care.
Overcrowding, inadequate buildings and medical care, operational deficiencies, unsuitable living conditions and generally inadequate facilities have on several occasions been the reasons cited by the ECtHR for finding that Greece had violated Article 3 of the ECHR, as the conditions have been judged to constitute degrading treatment. Exceedingly small personal and collective spaces, the absence of privacy, the lack of natural lighting, ventilation and heating, failure to comply with basic health requirements, the absence of exercise activities, work or education for the prisoners are some of the other issues that have been raised. It is noted at this point that when prison overcrowding reaches a certain point and the personal space corresponding to each prisoner is below 3 sq.m. this fact alone may be sufficient for the ECtHR to conclude that the applicant’s conditions of detention constitute treatment contrary to Article 3 of the Convention.
Article 13 establishes the right of anyone whose rights under the ECHR have been violated to have access to an effective remedy before national authorities, and imposes an obligation on the State to provide appropriate remedies for this purpose. The lack of availability of a real and effective remedy in national law that allows individuals to complain about the conditions in which they are detained has been repeatedly condemned by the ECtHR as a violation of Article 13 of the ECHR.
In September 2021, the judgment (see 1, 2) in Farooq and Others v Greece (application nos. 4412/18, 4415/18, 8202/18) was delivered.
This case consisted of three appeals heard together because of their similarity. The applicants complained about the poor conditions of detention in Corfu prison and the absence of a genuine remedy that would allow them to complain about these conditions.
The ECtHR, noting the lack of personal space allocated to the prisoners, and noting that the evidence submitted does not counter the prisoners’ complaints, concluded that there had been a violation of Articles 3 (because of the poor conditions of detention) and 13 (because the applicants had no effective remedy to complain about these conditions) of the ECHR.
Respect for fundamental rights is one of the basic components of a state governed by the rule of law.
The fundamental rights that every citizen should enjoy are enshrined in the European Convention on Human Rights. It is a primary obligation of the State to respect these rights.
In Farooq and Others v Greece, the European Court of Human Rights held that the applicants’ rights were infringed because of the poor conditions of detention in Corfu prison and the absence in national law of an effective legal remedy enabling them to complain about those conditions.
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