Essence of the decision:
The European Court of Human Rights (ECHR) ruled on 13 combined cases against Ukraine regarding inadequate detention conditions and lack of effective remedies. The Court found violations of Articles 3 and 13 of the Convention concerning poor detention conditions in various Ukrainian facilities. The applicants were awarded compensation ranging from 4,000 to 7,500 euros for damages.
Structure and main provisions:
1. The Court examined complaints about poor detention conditions including:
– Overcrowding (as little as 1-3 m² per person)
– Lack of basic hygiene facilities
– Poor quality of food and water
– Insufficient access to showers and fresh air
– Mold and insect infestations
– Lack of proper bedding and toiletries
2. The Court based its decision on established case law, particularly:
– Melnik v. Ukraine (2006)
– Sukachov v. Ukraine (2020)
– Standards for assessing detention conditions from Muršić v. Croatia
3. Additional violations found in some cases:
– Excessive length of pre-trial detention
– Excessive length of criminal proceedings
– Lack of effective remedies for lengthy proceedings
Key important provisions:
1. The Court reaffirmed that serious lack of space in prison cells is a major factor in determining whether detention conditions are “degrading” under Article 3.
2. The Government must provide primary evidence (cell floor plans, actual number of inmates) to counter claims of poor conditions.
3. The Court established specific compensation amounts based on the duration and severity of inadequate conditions, following the precedent set in the Sukachov case.
4. The decision reinforces the requirement for Ukraine to provide effective remedies for complaints about detention conditions.
