Essence of the decision:
The European Court of Human Rights (ECHR) examined 12 joined applications against Ukraine concerning inadequate conditions of detention and lack of effective remedies. The Court found violations of Articles 3 and 13 of the Convention in all cases, related to poor detention conditions in Kryvyi Rih Detention Facility. The Court awarded compensation ranging from 1,500 to 7,500 euros to the applicants.
Structure and main provisions:
1. The Court joined 12 separate applications due to similar subject matter.
2. The complaints focused on two main issues:
– Inadequate conditions of detention (Article 3)
– Lack of effective remedy (Article 13)
3. The Court found violations based on:
– Overcrowding (2.5-3.9 m² per inmate)
– Poor sanitary conditions
– Lack of basic facilities and amenities
– Insufficient access to fresh air and exercise
4. The Court referenced previous similar cases (Melnik v. Ukraine and Sukachov v. Ukraine) as precedents.
Key important provisions:
1. The Court reaffirmed that serious lack of space in prison cells is a crucial factor in determining whether detention conditions are “degrading.”
2. Specific evidence requirements were outlined: the Government must provide primary evidence including cell floor plans and actual number of inmates.
3. The Court established that Ukrainian authorities failed to provide adequate detention conditions and effective remedies for complaints.
4. Detailed compensation amounts were awarded based on the duration and severity of poor conditions, with specific amounts listed for each applicant in the appended table.
