Judgment: 2017-06-26 · Court archive

High Court refuses surrender to Greece over prison conditions and medical risks

After requesting further assurances, the court found they did not address its concerns about detention conditions and healthcare for the respondent.

High Court · [2017] IEHC 519

Who, what, where, when and why

Who

See the report below for the parties involved.

What

After requesting further assurances, the court found they did not address its concerns about detention conditions and healthcare for the respondent.

Where

Places mentioned in the report

  • Greece
  • Korydallos Prison
  • Korydallos
  • Nafplio
When

Judgment:

Why

Reasons reported in the judgment

The High Court refused an application to surrender a man to Greece under a European arrest warrant, finding a real risk that he would face inhuman or degrading treatment if transferred there.

The High Court refused an application to surrender a man to Greece under a European arrest warrant, finding a real risk that he would face inhuman or degrading treatment if transferred there.

The warrant sought his surrender for prosecution on seven offences involving alleged participation in a criminal organisation and the import, export, transport or possession of narcotics. The court said the offences met the statutory requirements for surrender and that it was satisfied the man was the person named in the warrant. The dispute centred on whether surrender was barred by protections against inhuman or degrading treatment.

The respondent argued that prison conditions in Greece, inter-prisoner violence and inadequate healthcare created that risk. He also relied on evidence of serious health conditions, including melanoma requiring specialist monitoring every three months, and injuries from road traffic accidents. The Minister accepted that Greek prisons had faced repeated criticism but argued that conditions were improving, prison numbers had fallen and medical care was available, including treatment in public hospitals.

The court considered reports by the European Committee for the Prevention of Torture, decisions of the European Court of Human Rights, evidence from a Greek criminal lawyer and information supplied by Greek authorities. It found that Korydallos and Nafplio prisons remained overcrowded and that the evidence established their material conditions were inhuman and degrading. It also found continuing concerns about inter-prisoner violence and staffing, and said the information did not demonstrate a functioning prison healthcare system capable of meeting the respondent’s specific needs.

The court noted that conditions at Korydallos Prison Hospital had materially changed following renovation, but remained concerned about medical staffing and access to care. It concluded that the respondent’s melanoma and other health conditions, combined with the deficiencies in prison healthcare, created a real risk of prohibited treatment.

Rather than refuse surrender immediately, the court sought specific assurances from the Greek authorities. It asked whether the respondent could be kept out of Korydallos and Nafplio, where he would otherwise be detained, what conditions would apply in any alternative prison, whether he would be kept out of police detention, and how his medical care would be provided. The court gave four weeks for a response.

The Greek authorities replied on 25 July 2017 but gave no assurances of the kind requested, referring instead to earlier general responses. The court said its concerns had not been alleviated. It then found a real risk of inhuman or degrading treatment contrary to Article 3 of the European Convention on Human Rights and ordered that the respondent not be surrendered to Greece on this warrant.

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