Μake us preferred on Google Ireland’s highest court has refused to extradite an Irish citizen suspected of migrant smuggling to Greece, finding that his detention in Greek prisons before trial could violate Article 3 of the European Convention on Human Rights, which prohibits inhuman or degrading treatment.
The court declined to execute the European Arrest Warrant issued against the man after considering European reports on conditions in Greek prisons, arguments from his defense and responses from the Greek authorities.
According to the ruling, Greek authorities did not provide assurances that the suspect would be held under conditions compatible with the European Convention and respectful of his dignity.
European court rulings on Greek prisons
The Irish court’s decision comes amid a series of findings concerning conditions in Greek prisons.
On August 27, 2026, the European Court of Human Rights (ECHR) issued rulings in Akin and Others v. Greece and Antonopoulos and Others v. Greece, finding that the detention conditions of the applicants in Patras Prison and Avlona Juvenile Prison violated Article 3 of the European Convention on Human Rights.
Earlier this year, the ECHR also approved a settlement between 16 prisoners and the Greek government. Under the agreement, the Greek government acknowledged inadequate detention conditions and agreed to pay compensation to the applicants.
Recent data indicate that overcrowding in Greek prisons exceeds 150% in several cases.
A response from Greece’s Justice Ministry to a parliamentary question submitted by SYRIZA lawmakers on June 16, 2026, also revealed that 55 European Arrest Warrants had not been executed over the previous five years. The ministry said it had been unable to identify the crimes involved or the countries from which the rejected warrants had originated.
Reports document poor conditions
The conditions in Greek prisons have been documented not only through ECHR rulings but also in reports by organizations including the Council of Europe’s Committee for the Prevention of Torture (CPT) and Greece’s Ombudsman.
The reports cited in the Irish court’s decision describe dirty blankets and mattresses, mold on cell walls and ceilings, cockroaches and mites, overcrowded cells, staff shortages and widespread violence linked to overcrowding and the influence of powerful groups of prisoners.
One CPT report quoted in the ruling states that, in many cases, prisoners are left to live in “cramped and completely unsuitable conditions,” which can amount to inhuman and degrading treatment.
Greek authorities did not provide guarantees
The court held a hearing on January 14, 2026, and asked the Greek authorities to specify the prison where the suspect would be held if extradited, as well as to provide assurances concerning his detention conditions.
On January 27, the Greek authorities responded without naming a specific prison. Instead, they focused on Korydallos 1 prison, where they said overcrowding stood at 157% at the time.
The authorities did not provide the requested guarantees. According to the Irish court’s detailed ruling, their responses primarily acknowledged existing problems rather than assuring the court that the suspect could be held under dignified conditions.
Further communications between the Irish judiciary and Greek authorities took place in April and June, but again did not provide assurances that the suspect’s detention conditions would meet the required standards.
In their latest submission, the Greek authorities acknowledged that they did not have the capacity to hold the accused in accommodation providing the minimum 3 square meters of personal space.
The Irish court ultimately refused to execute the European Arrest Warrant and ordered that the suspect not be extradited to Greece.
Defense lawyer calls ruling significant
Speaking to TA NEA, defense lawyer Konstantinos Mersinias said the ruling was significant because it challenged the assumption that Greece, as a European state, could ensure basic human rights for people held in its prisons.
“In contrast to ECHR decisions concerning complaints about specific incidents of violations, in this case it was demonstrated that Greece, under current conditions, is generally unable to ensure that prisoners will not suffer torture and degrading treatment in the country’s prisons,” Mersinias said.
He also argued that recent increases in criminal penalties and tighter rules governing suspended sentences could lead to a further rise in the prison population without sufficient detention infrastructure.
According to Mersinias, the only measure announced to address the problem is the planned relocation of Korydallos Prison to Aspropyrgos, which he said would take place in 2030 at the earliest.
He warned that continued inaction could ultimately be interpreted as a deliberate failure by Greece to comply with its obligations as a European state and could represent a departure from the principles of the rule of law.
