The European Court of Human Rights (ECHR) delivered a judgment concerning 11 applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The case primarily deals with violations of Articles 3 and 13 of the Convention.The Court found that all applicants were kept in detention in poor conditions in the Vinnytsia Detention Facility. The main issues included overcrowding (with personal space ranging from 2.5 to 4.7 square meters per inmate), lack of fresh air, inadequate hygiene facilities, lack of privacy for toilets, and various other deficiencies in living conditions.The Court’s decision is based on its well-established case law, particularly referencing the leading cases of Melnik v. Ukraine and Sukachov v. Ukraine. The Court found that the Ukrainian government failed to provide evidence contradicting the applicants’ complaints about detention conditions.Key provisions of the decision include:
- Recognition of violations of Articles 3 (prohibition of inhuman or degrading treatment) and 13 (right to an effective remedy) of the Convention
- Award of compensation ranging from 1,700 to 9,800 euros per applicant for non-pecuniary damage
- Requirement for Ukraine to pay the awarded amounts within three months
The Court particularly emphasized that a serious lack of space in prison cells is a crucial factor in determining whether detention conditions are ‘degrading’ under Article 3, either alone or in combination with other deficiencies. The judgment also highlights the systematic nature of these violations in Ukrainian detention facilities and the absence of effective domestic remedies for such complaints.
