The European Court of Human Rights ruled Thursday that Greece violated the human rights of Greek national Konstantinos Tousios while he was imprisoned in 2019.
Tousios was arrested in January 2019 in connection to a criminal organization and participation in migrant smuggling. He was placed in the Thessaloniki Security Department and shared a three-bed cell with 10 to 15 detainees.
Tousios claimed that there was not enough room to sit down in the cell. He also complained about poor hygiene conditions, lack of daylight and ventilation, and the poor quality of meals. He later added that those suffering from hepatitis were kept in the same room as him and others who were worried about contracting the disease. However, the government denied this claim. Tousios was transferred to Diavata Prison on February 7, 2019. He was then acquitted on May 22, 2019.
Tousios relied on Article 3 and Article 13 of the European Convention to complain of these conditions and the lack of effective remedy available to him. Article 3 prohibits the use of torture or inhumane or degrading punishment, while Article 13 provides that those whose rights have been violated have a right to an effective remedy before a national authority.
The court ruled Thursday that Greece had violated Tousios’s rights during his imprisonment. Tousios was awarded a non-pecuniary damage of €5,000, but his claim for costs and expenses was rejected by the court.
These judgements are not final and any party may request that the case be referred to the Grand Chamber of the Court within three months from this ruling. It is not known at this time if either party will choose to appeal this judgement.