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CASE OF SHYNKARENKO AND OTHERS v. UKRAINE

This judgment concerns seven applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The European Court of Human Rights (ECHR) found violations of Articles 3 and 13 of the Convention in all cases.The Court examined complaints from seven applicants who were detained in the Zhytomyr Detention Facility under poor conditions. The main issues included overcrowding (2.5-3.2 m² per person), lack of fresh air, passive smoking, insect/rodent infestation, inadequate hygiene facilities, insufficient natural light, and poor quality of food and bedding. Some applicants also complained about excessive length of criminal proceedings.The Court’s main findings include:

  • The conditions of detention were inadequate and violated Article 3 of the Convention
  • The applicants had no effective remedy regarding these complaints, violating Article 13
  • Additional violations were found regarding excessive length of criminal proceedings
  • The Court awarded compensation ranging from 6,700 to 9,800 euros per applicant

The judgment references previous cases (Melnik v. Ukraine and Sukachov v. Ukraine) where similar violations were found. The Court maintained its established position that serious lack of space in prison cells, especially when combined with other shortcomings, constitutes degrading treatment under Article 3 of the Convention.

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