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CASE OF LEGACHOV AND OTHERS v. UKRAINE

This decision concerns multiple applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The Court joined eight applications due to their similar subject matter, finding violations of Articles 3 and 13 of the Convention.The Court examined complaints about poor detention conditions in the Kyiv Pre-Trial Detention Facility, including overcrowding (2.4-5.8 m² per inmate), unsanitary conditions, lack of fresh air, poor quality of water and food, insufficient physical exercise, and other deficiencies. The periods of detention ranged from approximately 1.5 to 6 years.The key provisions of the decision include:

  • Confirmation that serious lack of space in prison cells can alone constitute a violation of Article 3, or in combination with other shortcomings
  • Reference to previous cases (Melnik v. Ukraine and Sukachov v. Ukraine) where similar violations were found
  • Establishment of the Government’s obligation to provide primary evidence regarding cell conditions
  • Award of compensation ranging from 3,800 to 9,800 euros per applicant for damages

The most significant aspects for application include:

  • The Court’s emphasis on minimum space requirements per prisoner
  • Detailed list of factors considered in assessing detention conditions (air quality, food, water, hygiene facilities, etc.)
  • Recognition of the systematic nature of the problem in Ukrainian detention facilities
  • Clear standards for evidence that authorities must provide to justify detention conditions

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