5.  The applicant was born in 1973. He is a carrier of thalassemia disease. On an unspecified date, he contracted non‑reversible ischemia, which resulted in septic gangrene and the subsequent amputation of his right leg at the hip. He uses crutches, as he is neither eligible to have a prosthetic limb fitted, nor does he have the necessary financial means for such a procedure. The applicant also claims to be a drug user.
6.  On 1 May 2013 the applicant was arrested and then detained in Omonoia police station. On 7 May 2013 the public prosecutor ordered his pre-trial detention in Korydallos prison on the basis of decision no. 3386/2010 of the Three-Member Court of Appeal for Felonies (Τριμελές Εφετείο Κακουργημάτων) but he could not be admitted there as the prison was overcrowded. He was subsequently transferred back to Omonoia police station, where he remained until 28 May 2013. On that date he was transferred to Korydallos prison, where he stayed until 30 December 2013. He was subsequently transferred to Larissa prison, where he remained until 25 November 2014. On that date he was transferred to Korydallos prison, from where he was released the next day, that is to say 26 November 2014.
7.  On 13 November 2013 the applicant was convicted by the Three‑Member Court of Appeal for Felonies to a sentence of eight years’ imprisonment and a fine of 20,000 euros for the offence of buying and selling drugs as a person not addicted to drugs (decision no. 5519/2013).
8.  The applicant submitted that the conditions of his detention in Omonoia police station, where he had remained for a period of twenty‑seven days, had been very poor. He had been detained in a cell on the third floor measuring around 40 sq. m, which had held between seventeen and thirty detainees, and sometimes even more. The ventilation system had been dirty and inadequate. The cell had been filthy and unfurnished, with no beds and only a cement bench running along the length of three of the walls, which had accommodated six to eight people, including the applicant. The rest of the detainees had had no access to mattresses but slept on blankets laid on the floor. For a certain period, both male and female prisoners had been held in the cell until a certain organisation filed a complaint and the women were moved elsewhere.
9.  There had been only one shower and two floor-level toilets, one of which had not functioned. A guard had had to open the door of the cell every time the applicant needed to visit the toilet and sometimes its use had taken place in front of the other prisoners, since it had no door. He had not been provided with hygiene or cleaning products, nor had he had access to medical care despite his disability and the wounds to his leg, which had become worse owing to the conditions in which he had been detained. The food quality had been poor and he had drunk water directly from the sinks in the toilet area, without any glasses or cups.
10.  There had been no outdoor exercise or other occupational activities and, owing to the lack of space within the cell and his disability, the applicant had spent all day sitting on the cement bench. He had not had any access to a telephone or to any form of recreational activity such as television or radio.
11.  On 28 May 2013 the applicant was transferred to Korydallos prison, where he was initially admitted to the prison hospital for two days. His admission note recorded “right leg amputated ‒ unable to meet his own needs; ulcerated left tibia”. On 30 May 2013 he was discharged from the prison hospital. The discharge note referred to “the right leg amputated, blood test HT 34.6%, HB 10.4 due to thalassemia minor”. The applicant submitted that he had been asked to sign a declaration that he wished to stop his pharmaceutical treatment, but in fact he had never been provided with any.
12.  The applicant remained in Korydallos prison until 30 December 2013. He submitted that he had been placed in a cell with eight other prisoners instead of remaining in the hospital, where he could have received better treatment. Instead of being provided with a special bed adapted to his needs, he had had to sleep on the lower tier of a bunk bed on which he had barely been able to lie down, owing to his disability. The in-cell toilet was not screened off and its use had therefore been visible to the other prisoners. It was not adapted to his needs and its shape had made it very difficult for him to use, having only one limb. During his stay, he had not been regularly monitored by a doctor, nor had he ever been admitted to the prison hospital again after his first visit. The applicant argued that his medical situation had required him to be detained in a hospital; however, this had not been arranged, apart from the two days he had spent in the prison hospital upon his transfer to Korydallos.
13.  On 30 December 2013 the applicant was transferred to Larissa prison, where he remained until 25 November 2014.
14.  The applicant claimed that the conditions of detention had been very poor in that prison facility as well and that he had not received appropriate medical treatment. He had been placed in a cell along with many other prisoners, as the prison had been overcrowded, and he had not been provided with a special bed or special toilet facilities adapted to his needs. The cell had been filthy and insufficiently lit and ventilated. The toilet had been similar to the one in Korydallos prison. The applicant’s access to outdoor exercise had been difficult and dangerous owing to his disability.
15.  The applicant submitted that he had not received appropriate medical treatment, that he had not been regularly monitored by a doctor, and that at no time had he been admitted to a hospital with access to nursing staff who would have taken appropriate measures to ensure that his needs were met.
16.  The Government’s main submission concerning the applicant’s detention in Omonoia police station was that it had not reached the level of severity required for it to fall within the scope of Article 3 of the Convention. In particular, the applicant had been detained in Omonoia police station from 8.30 p.m. on 1 May 2013 until 2 p.m. on 28 May 2013, that is to say for twenty-seven days.
17.  Omonoia police station had had five beds, all of which had pillows, mattresses and bed linen. The cell had been regularly cleaned and was intended for short-term detention only.
18.  Concerning the applicant’s medical treatment in Korydallos, the Government submitted that during his imprisonment in Korydallos, the applicant had been regularly seen by a doctor. Apart from the initial two days from 28 to 30 May 2013, the applicant had been checked by doctors of various specialisms, according to his needs, on 9 November, 9 December and 19 December 2013.
19.  As regards the general conditions of his detention, the Government submitted that, in view of his disability, the applicant had been placed in cell no. 3, because it was situated on the ground floor. The cell measured 70 sq. m and had a capacity of twenty detainees. The records at the Government’s disposal did not show the exact number of the applicant’s fellow inmates but at the time of the Government’s submissions the cell had accommodated seventeen detainees.
20.  There had been two toilets and a shower, and the detainees had had access to a yard measuring 30 sq. m. The cell had two windows ensuring sufficient light and ventilation, it had been heated and was generally in better condition than the rest of the prison cells. The wing had had a common room measuring 140 sq. m with plastic tables and a kitchen at the detainees’ disposal. The cells had been regularly disinfected.
21.  The applicant had been transferred to Larissa prison on 30 December 2013, where he stayed for approximately eleven months. He had been detained in ward no. 2 on the ground floor, along with elderly detainees and detainees with disabilities. The ward was in the direct proximity of the doctor’s office, it had measured 234.60 sq. m and, during the applicant’s incarceration, had accommodated fifty-three detainees on average.
22.  The ward had four squat toilets and a sitting toilet, used by detainees with disabilities. It had had twenty-eight two-tier bunk beds, each with its own television. There were plastic tables and stools for everyone, as well as bedside tables and two fridges. It had been regularly disinfected and was cleaned on a daily basis. Light and ventilation were provided by five large windows. Additionally, the Government adduced examples of weekly menus during the applicant’s incarceration and pointed out that the ward had had access to a yard.
23.  The inmates had had at their disposal numerous cultural and sports activities for their entertainment. Meals had been designed with the assistance of the prison doctor and special dietary needs had been accommodated. To demonstrate this point, the Government submitted examples of the various meals offered.
24.  There had been two psychologists at the prison who could be consulted at either the doctors’ initiative or the detainees’ request. The record submitted by the Government showed that the applicant had met with the prison psychologist twenty-seven times, and had been provided with financial, psychological and material assistance through the channel of the prison’s Department of Social Service.
25.  The applicant had been provided with hygiene products, clothes, shoes and a card for making telephone calls. As regards his medical treatment, the applicant had been monitored by the prison doctors and had occasionally been transferred to Larissa hospital. In total, his medical record showed that he had been medically assisted on twenty-seven occasions either in-house or at the city hospital.
26.  The Government pointed out that the applicant had not referred to or adduced any evidence showing that he had submitted any request before the prison authorities concerning his complaints before the Court. They additionally submitted that in none of the medical documents did the applicant appear to have been a drug user, as he had falsely claimed in his application. Moreover, he had been convicted for buying and selling drugs as a non-user. Lastly, the applicant had benefited from a beneficial calculation of the days served, owing to his disability.