Essence of the decision:
The European Court of Human Rights (ECHR) ruled on 11 consolidated cases against Ukraine concerning inadequate detention conditions in various Ukrainian detention facilities. The Court found violations of Articles 3 and 13 of the Convention regarding poor detention conditions and lack of effective remedies. The cases involved multiple applicants who were held in different detention facilities across Ukraine between 2014 and 2024.
Structure and main provisions:
1. The Court examined complaints about inadequate detention conditions, including:
– Overcrowding (2.0-3.8 square meters per person)
– Poor sanitary conditions
– Lack of fresh air and proper ventilation
– Insufficient access to hygiene facilities
– Poor quality of food and water
– Inadequate temperature conditions
– Lack of privacy in toilets
2. The Court referenced its established case-law, particularly:
– Melnik v. Ukraine (2006)
– Sukachov v. Ukraine (2020)
– Muršić v. Croatia standards for assessing detention conditions
Most important provisions:
1. The Court confirmed violations of Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy) of the Convention.
2. The Court ordered monetary compensation ranging from 1,300 to 9,800 euros per applicant for non-pecuniary damage.
3. The Court established that Ukraine failed to provide:
– Adequate living space per detainee
– Basic sanitary conditions
– Effective domestic remedies for complaints about detention conditions
4. The Court emphasized that serious lack of space in prison cells is a key factor in determining whether detention conditions are “degrading” under Article 3 of the Convention.
