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    CASE OF RASKIN AND OTHERS v. UKRAINE

    The European Court of Human Rights (ECHR) delivered a judgment concerning nine applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The case involves multiple applicants who were detained in various Ukrainian detention facilities, including pre-trial detention centers in Kharkiv and Kropyvnytskyy, and the Zamkova Detention Facility.The Court found violations of Articles 3 and 13 of the Convention concerning poor detention conditions and the absence of effective remedies. The specific violations included overcrowding (with personal space ranging from 2.4 to 3.7 square meters per inmate), inadequate temperature, poor sanitation, insufficient natural light, restricted access to showers and warm water, poor quality of food, and other substandard conditions.The Court’s decision is based on well-established case-law, particularly referencing the leading cases of Melnik v. Ukraine and Sukachov v. Ukraine. The Court noted that the Ukrainian government failed to provide evidence contradicting the applicants’ claims about poor detention conditions.Key provisions of the judgment include:

    • Recognition of systematic problems in Ukrainian detention facilities regarding living conditions
    • Confirmation that the lack of personal space, combined with other deficiencies, constitutes degrading treatment under Article 3
    • Award of compensation ranging from 5,800 to 9,800 euros per applicant
    • Additional findings of violations regarding excessive length of criminal proceedings for some applicants

    The Court ordered Ukraine to pay compensation to all applicants within three months, with interest applicable in case of delayed payment. The amounts awarded vary depending on the duration and severity of the violations experienced by each applicant.

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