The European Court of Human Rights (ECHR) delivered a judgment in the case of Bondarenko and Others v. Ukraine, concerning seven applications filed by Ukrainian citizens regarding inadequate conditions of detention in the Kryvyi Rih Detention Facility and the lack of effective remedies to address these issues. The Court found violations of Articles 3 and 13 of the Convention and awarded compensation ranging from 4,000 to 7,500 euros to the applicants.The decision addresses several key aspects:
- The Court examined complaints about poor detention conditions, including overcrowding (3-3.9 square meters per inmate), lack of fresh air, inadequate hygiene facilities, and other substandard conditions.
- The Court found that the Ukrainian government failed to provide evidence contradicting the applicants’ claims about inadequate detention conditions.
- The judgment references previous cases (Melnik v. Ukraine and Sukachov v. Ukraine) where similar violations were found, establishing a consistent precedent.
The most significant provisions of the decision include:
- The Court’s confirmation that serious lack of space in prison cells can alone constitute a violation of Article 3 of the Convention.
- The establishment that Ukraine lacks effective remedies for complaints about detention conditions.
- The Court’s detailed assessment of specific violations in each case, including precise measurements of cell space and comprehensive lists of inadequate conditions.
- The determination of monetary compensation based on the duration and severity of inadequate detention conditions.
