CEDH · CASELAW;COMMUNICATEDCASES;ENG — 10 septembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Published on 30 September 2024   THIRD SECTION Application no. 42237/22 Kyriakos MARKOPOULOS against Greece lodged on 1 March 2021 communicated on 10 September 2024 SUBJECT MATTER OF THE CASE The application concerns the applicant’s conditions of detention and access to medical treatment, as well as the effectiveness of the domestic legal remedy provided by article 6A of Law no. 2776/1999 (Penitentiary Code). The applicant is currently detained in Chalkida Prison. He complains under Article 3 of the Convention of the conditions of his detention, in particular regarding: - overcrowding; - filthy wards infested with bedbugs; - lack of physical exercise in fresh air; - lack of leisure or educational activities; - unpartitioned toilet inside the cell; - insufficient heating and ventilation; - lack of bedding, bed linen and toiletries; - meals of poor quality, quantity and nutritional value. The applicant also complains under Article 3 of the Convention of the lack of appropriate medical care in prison. He suffers from viral hepatitis C and complains that, despite having notified the prison authorities accordingly, he has not seen a doctor, he has not had a medical check-up or received medication. He alleges that his state of health is deteriorating. Under Article 13 of the Convention, the applicant complains of the lack of an effective domestic remedy in respect of his complaints regarding the conditions of his detention and the lack of adequate medical care in detention. QUESTIONS TO THE PARTIES 1.     Do the conditions of the applicant’s   detention   amount to inhuman or degrading treatment in breach of Article 3 of the Convention ( see Muršić v.   Croatia   [GC], no.   7334/13 , §§ 96-101, 20 October 2016)?   2.     Does the applicant have at his disposal an effective domestic remedy in respect of his complaint under Article   3 regarding his conditions of detention, as required by Article 13 of the Convention? In particular, can the remedy provided by virtue of Law no. 4985/2022, as added to article   6A of Law no.   2776/1999, be considered as an effective preventive and/or compensatory remedy for the purpose of Article 13 of the Convention (see Ananyev and Others v. Russia , nos.   42525/07   and   60800/08 , §§ 93-99, 210-231, 10   January 2012; Ulemek v. Croatia , no.   21613/16 , §§   71-74, 31   October 2019; and J.M.B.   and Others v. France , nos.   9671/15   and 31 others, §   208, 30   January   2020)?   The Government are requested to provide examples of the relevant domestic case-law in application of the remedy provided by virtue of Law no.   4985/2022, as added to article 6A of Law no. 2776/1999.   3.     Has there been a breach of Article 3 of the Convention on account of the alleged lack of adequate medical   treatment of the applicant? In particular, does the applicant have access to regular   medical   monitoring and medicine?   The parties are requested to provide further evidence related to the applicant’s medical treatment, such as copies of his complaints to the domestic authorities, responses to such complaints and a copy of his   medical   file maintained at Chalkida   Prison.   4.     Does the applicant have at his disposal an effective domestic remedy regarding his complaint about the lack of adequate   medical   treatment, as required by Article 13 of the Convention?