The judgment in *Koukouras and Others v. Greece* (application no. 7936/18) addresses the systemic issue of prison overcrowding at Korydallos Prison in Greece. The European Court of Human Rights (ECtHR) examined complaints from three applicants regarding their detention conditions, specifically focusing on the lack of personal living space. The Court found that the applicants were subjected to conditions falling below the minimum standards required by Article 3 of the Convention, which prohibits inhuman or degrading treatment. While one applicant’s case was struck from the list due to a failure to maintain contact with the Court, the remaining two were awarded compensation for non-pecuniary damage and legal costs. This decision reinforces the Court’s established jurisprudence regarding the “rebuttable presumption” of a violation when a detainee is afforded less than 3 square meters of personal space. The ruling serves as a further confirmation of the persistent structural deficiencies within the Greek penitentiary system.
The structure of the decision follows the standard format for a Committee-level judgment of the ECtHR. It begins with the procedural history, followed by the Court’s decision to strike out the application regarding the second applicant for lack of cooperation. The core of the judgment is dedicated to the Article 3 assessment, where the Court applies the principles from its landmark *Muršić v. Croatia* ruling. The judgment concludes with the application of Article 41, awarding specific sums for damages and costs. There are no radical changes in legal doctrine here; rather, it is a consistent application of existing case-law regarding prison conditions, confirming that the Court continues to rely on reports from the European Committee for the Prevention of Torture (CPT) to verify domestic claims of overcrowding.
The most critical provisions for legal practitioners and observers are:
* **The 3-Square-Meter Threshold:** The Court reaffirmed that providing less than 3 square meters of personal space in a multi-occupancy cell creates a strong presumption of a violation of Article 3. The Court’s willingness to rely on the Government’s own admissions regarding cell dimensions and occupancy numbers makes this a powerful precedent for similar cases.
* **Evidence and CPT Reports:** The judgment highlights the weight the Court places on independent international monitoring, specifically citing CPT reports and Ministry of Justice statistics to corroborate the applicants’ claims of systemic overcrowding.
* **Procedural Compliance:** The decision serves as a reminder of the necessity for applicants to remain in contact with the Court and provide updated information. The striking out of the second applicant’s claim underscores that failure to respond to the Court’s requests for information regarding factual developments can lead to the termination of the case.
* **Non-Pecuniary Damages:** The Court awarded significant sums (12,500 EUR and 8,100 EUR) based on the duration of the detention, providing a clear reference point for the valuation of claims involving prolonged exposure to inadequate conditions.
This decision is **** for Ukraine and Ukrainians, as the Court’s consistent application of the “3-square-meter rule” and its reliance on objective data regarding prison capacity are highly relevant to the ongoing monitoring of detention conditions in Ukraine. As Ukraine continues to reform its penitentiary system, the principles established in this judgment—particularly the emphasis on the state’s burden to prove adequate living space and the use of external monitoring reports—provide a clear benchmark for the protection of human rights in custodial settings.
