Published on 22 December 2025
THIRD SECTION
Application no. 50914/20
Nabila ROUABAH
against Greece
lodged on 19 November 2020
communicated on 1 December 2025
SUBJECT MATTER OF THE CASE
The applicant, a French national, was arrested on charges of homicide and remanded in custody on 26 July 2019 and detained in the Korydallos Women Prison.
She alleges that, on 21 November 2019 she was subjected to ill-treatment by penitentiary officers in the context of her transfer to Elaionas Prison in Thiva. On 22 November 2019 the applicant complained about the conditions of her transfer. On 23 November 2019 she was examined by a doctor at the Thiva General Hospital, who noted her complaint about being beaten and abrasions. On 4 August 2019 the applicant complained to the supervising prosecutor in the context of disciplinary proceedings brought against her for insubordination during the transfer. She stated that she had been dragged and beaten by penitentiary officers, that her medical examination had not been thorough, and that it was necessary to preserve audiovisual material from the prison corridor where the alleged ill-treatment had occurred.
The applicant further complains that she did not receive adequate psychiatric care during her detention. In particular, she alleges that she was unable to communicate effectively and in confidentiality with medical staff, as she speaks only French and consultations were conducted with the assistance of another inmate acting as an interpreter. She complained to the supervising prosecutor and prison council on 6 December 2019.
She relies on Articles 3, 8 and 13 of the Convention.
QUESTIONS TO THE PARTIES
1. Has the applicant complied with the time-limit laid down in Article 35 § 1 of the Convention with regards to her complaints concerning the alleged incident of ill-treatment on 21 November 2019 and the ineffectiveness of the relevant investigation (see Melnichuk and Others v. Romania, nos. 35279/10 and 34782/10, §§ 76-84, 5 May 2015, with further references)?
2. Has the applicant been subjected to inhuman or degrading treatment during her transfer from Korydallos Women Prison to Elaionas Prison on 21 November 2019, in breach of Article 3 of the Convention?
3. Having regard to the procedural protection from inhuman or degrading treatment, was the investigation by the domestic authorities into the allegation of ill-treatment in breach of Article 3 of the Convention (see Sidiropoulos and Papakostas v. Greece, no. 33349/10, §§ 89-99, 25 January 2018, Konstantinopoulos and Others v. Greece (no. 2), nos. 29543/15 and 30984/15, §§ 95-110, 22 November 2018, Torosian v. Greece, no. 48195/17, §§ 76-86, 7 July 2022, and Panayotopoulos and Others v. Greece, no. 44758/20, §§ 106-18, 21 January 2025)?
4. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention with regards to her complaint regarding inadequate medical care in detention? Did she appeal before the competent court in accordance with Article 86 of Law No. 2776/1999 against a prosecutor’s decision issued under Article 572 of the Code of Criminal Procedure (see Tsivis v. Greece, no. 11553/05, §§ 18-20, 6 December 2007, with further references)?
5. Has there been a breach of Article 3 of the Convention on account of the alleged lack of adequate medical treatment, having particular regard to the applicant’s allegation that she could not effectively communicate with medical staff (see Rooman v. Belgium [GC], no. 18052/11, §§ 145‑48, 31 January 2019)?
6. Did the applicant have at her disposal an effective domestic remedy regarding her complaints under Article 3, as required by Article 13 of the Convention?