Essence of the decision:
The European Court of Human Rights (ECHR) examined five joined applications against Ukraine concerning inadequate detention conditions in the Kyiv Pre-Trial Detention Facility. The Court found violations of Articles 3 and 13 of the Convention regarding poor detention conditions and lack of effective remedies. The applicants were awarded compensation ranging from 4,700 to 9,800 euros for damages.
Structure and main provisions:
1. The Court joined five separate applications due to similar subject matter.
2. The main violations concerned:
– Inadequate conditions of detention (Article 3)
– Lack of effective remedies (Article 13)
– Additional violations in some cases regarding excessive length of criminal proceedings and pre-trial detention
3. The Court based its decision on established case-law, particularly referencing Melnik v. Ukraine and Sukachov v. Ukraine cases.
Key important provisions:
1. The Court emphasized that serious lack of space in prison cells (2.5-3.65 m² per inmate in these cases) is a crucial factor in determining whether detention conditions are “degrading.”
2. Specific violations included:
– Overcrowding
– Poor sanitary conditions
– Lack of fresh air
– Poor quality of food and water
– Insufficient physical exercise opportunities
3. The Court established that Ukraine failed to provide adequate evidence contradicting the applicants’ complaints about detention conditions.
4. The decision reinforces the requirement for states to maintain minimum standards in detention facilities and provide effective remedies for violations.
