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WyrokETPCz2017-06-29

Analiza orzeczenia

Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.

Zagadnienie prawne
Czy brak wystarczającej ochrony więźnia przed atakiem innego więźnia oraz opóźnienie w diagnozie i leczeniu obrażeń stanowiło naruszenie zakazu nieludzkiego lub poniżającego traktowania z art. 3 Konwencji?
Stan faktyczny
Skarżący, Dimcho Yordanov Dimov, był więźniem w bułgarskim więzieniu w Warnie, gdy został zaatakowany przez innego osadzonego, doznając złamania szczęki i bólu ucha. Mimo skazania napastnika, prokurator odmówił wszczęcia postępowania karnego przeciwko personelowi więzienia za brak ochrony. Ponadto, pomimo licznych próśb o badanie przez specjalistę, jego obrażenia nie zostały zdiagnozowane przez trzy miesiące, zanim prześwietlenie wykazało złamanie, które nie zagoiło się prawidłowo.
Rozstrzygnięcie
Stwierdza brak naruszenia art. 3 Konwencji.

Pełny tekst orzeczenia

issued by the Registrar of the Court   ECHR 225 (2017)   29.06.2017   Judgments and decisions of 29 June 2017   The European Court of Human Rights has today notified in writing six judgments1 and 11 decisions2:   two Chamber judgments are summarised below; separate press releases have been issued for two   other Chamber judgments in the cases of Terrazzoni v. France (application no. 33242/12) and   Lorefice v. Italy (no. 63446/13);   a separate press release has also been issued for one decision, in the case of Alam v. Denmark   (no. 33809/15);   two Committee judgments, concerning issues which have already been submitted to the Court, and   the ten other decisions, can be consulted on Hudoc and do not appear in this press release.   The judgments in French below are indicated with an asterisk (*).   Dimcho Dimov v. Bulgaria (no. 2) (application no. 77248/12)   The applicant, Dimcho Yordanov Dimov, is a Bulgarian national who was born in 1968 and is   currently detained in Vratsa Prison (Bulgaria). Mr Dimov was an inmate at Varna Prison when he was   assaulted by another inmate, resulting in a fractured jaw and pain in his right ear near the fracture.   Though his assailant was convicted of the assault, the prosecutor refused to open criminal   proceedings against the prison staff for failing to protect Mr Dimov. Furthermore, despite numerous   requests for an examination by a specialist, his injury went undiagnosed for three months before an   X-ray revealed that he had sustained a fracture and that it had not healed properly.   Relying on Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on   Human Rights, Mr Dimov complained in particular that the prison had not provided him with   sufficient protection from his fellow prisoner, even though they had known that he had been at risk.   No violation of Article 3   Kosmas and Others v. Greece (no. 20086/13)*   The applicants are five Greek nationals, George Kosmas, his wife Kyratso Kosma and their three   children, who live on the island of Skopelos. The case concerned the privileges enjoyed by   monasteries in Greece relating to real estate of which they had been claiming ownership before the   courts.   Mr George Kosmas claims to own land in the locality of Glysteri on the island of Skopelos. He had   built a tavern at one end of the piece of land, which has been operating for decades. In winter   Mr Kosmas and his wife were the only inhabitants of this stretch of coast on the island. The adjacent   land belonged to the Holy Monastery of Megisti Lavra (Great Laura) and was uninhabited. The   Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber   judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a   panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and   deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the   Convention, judgments delivered by a Committee are final.   Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.   Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution   Inadmissibility and strike-out decisions are final.   children had two boats to take tourists from the town of Skopelos to the beach and the tavern. The   applicants allege that the operational value of their property has been estimated at 2,400,000 euros.   In 2004 the monastery decided to claim ownership of the land in question in the courts. The Volos   district court found for the monastery and recognised its ownership of the land at issue. In February   Mr Kosmas appealed to the Larissa Court of Appeal, which noted that the monastery had   purchased the land from the true owner by a deed of transfer of ownership certified by the   chancellery of Skopelos, and that it had accordingly owned it in good faith since 1824. The Court of   Appeal observed that there was nothing in Mr Kosma’s predecessors’ title deeds dating from 1883,   and 1909, which he had adduced, to show that his predecessors had drawn up any acts of   possession relating to the land in question. The court dismissed the appeal.   In January 2011 Mr Kosmas lodged an appeal on points of law, but the Court of Cassation upheld the   Court of Appeal’s judgment by judgment of 31 May 2012.   The applicants were evicted in October 2013.   Relying in particular on Article 1 of Protocol no. 1 (protection of property) the applicants   complained, inter alia, that the monasteries, including Megisti Lavra, as private property owners,   were treated on an equal footing to the State, which they submitted had the consequence of   debarring private individuals from the right of adverse possession vis-à-vis the property in question   and encouraging the Greek courts to reject any allegation of abuse of rights by the monasteries.   They also complained about procedural obstacles preventing them from proving that they had   acquired the land at issue by adverse possession. Finally, they criticised the indefinite non-   applicability of statutory limitations of the holy monasteries’ claims to real property.   Violation of Article 1 of Protocol no. 1 - in respect of George Kosmas   Just satisfaction: EUR 75,000 euros (EUR) for all heads of damage and EUR 3,000 for costs and   expenses to George Kosmas.   This press release is a document produced by the Registry. It does not bind the Court. Decisions,   judgments and further information about the Court can be found on www.echr.coe.int. To receive   the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter   @ECHR_Press.   Press contacts   [email protected] | tel: +33 3 90 21 42 08   Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)   Denis Lambert (tel: + 33 3 90 21 41 09)   Inci Ertekin (tel: + 33 3 90 21 55 30)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member   States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.   2

© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 13.07.2026. · Źródło