The case concerns complaints from eight Ukrainian applicants about inadequate conditions of detention in the Kyiv Pre-Trial Detention Facility and the lack of effective remedies regarding these conditions. The Court found violations of Articles 3 and 13 of the Convention in all cases.The Court examined complaints about poor detention conditions, including severe overcrowding (2.3-3.4 square meters per person), lack of proper sanitation, insufficient access to showers, poor quality of food and water, lack of fresh air, and other deficiencies. In one case (no. 14644/23), the Court specifically considered the applicant’s vulnerability due to mental illness.The key provisions of the decision include:
- Recognition of serious space limitations in cells as a factor sufficient to establish ‘degrading’ conditions under Article 3
- Confirmation that Ukrainian authorities failed to provide evidence contradicting the complaints about poor detention conditions
- Finding of systematic problems with overcrowding in Kyiv Pre-Trial Detention Facility
- Award of compensation ranging from 600 to 10,000 euros to different applicants based on their specific circumstances
The most significant aspects of the decision are:
- Confirmation of previous Court positions regarding inadequate detention conditions in Ukraine (referring to Melnik v. Ukraine and Sukachov v. Ukraine cases)
- Recognition of the lack of effective remedies in the Ukrainian legal system for complaints about detention conditions
- Establishment of specific compensation amounts for different periods and conditions of detention
- Special consideration of vulnerable detainees (those with mental illness)
