The European Court of Human Rights (ECHR) delivered a judgment in the case of Pavlyuchenko v. Ukraine, concerning complaints about inadequate detention conditions and lack of effective remedies in Ukrainian penitentiary facilities. The Court found violations of Articles 3 and 13 of the Convention, as well as Article 5 regarding excessive pre-trial detention.The decision addresses three main aspects:
- Inadequate conditions of detention in Dnipro Penitentiary Facility no. 4, including overcrowding, poor sanitation, and lack of basic amenities
- Absence of effective remedies in domestic law for complaints about detention conditions
- Excessive length of pre-trial detention without proper justification and examination of alternative measures
The Court’s key findings include:
- The detention conditions were found to be degrading, with only 3.6 square meters of space per inmate, along with multiple other deficiencies such as lack of fresh air, poor hygiene, and inadequate access to basic facilities
- The Ukrainian government failed to provide primary evidence showing cell floor plans and actual number of inmates
- The pre-trial detention period (23/08/2019 – 23/01/2023) was excessive and lacked proper justification
- The Court awarded the applicant 9,800 euros in damages and 250 euros for costs and expenses
This decision follows the Court’s established case-law, particularly referencing the leading cases of Melnik v. Ukraine and Sukachov v. Ukraine, which previously addressed similar violations in the Ukrainian penitentiary system.
