Essence of the decision:
The European Court of Human Rights (ECHR) ruled on 11 combined applications against Ukraine concerning inadequate detention conditions and lack of effective remedies. The Court found violations of Articles 3 and 13 of the Convention regarding poor detention conditions in various Ukrainian detention facilities. The applicants were awarded compensation ranging from 1,700 to 9,500 euros for damages.
Structure and main provisions:
1. The Court joined 11 separate applications due to similar subject matter.
2. The main violations concerned:
– Overcrowding (less than 4 square meters per inmate)
– Poor sanitary conditions (mold, dirt, insects)
– Lack of basic amenities (fresh air, proper bedding, toiletries)
– Insufficient access to water and proper food
– Lack of effective remedies in domestic law
3. The Court referenced its previous decisions in Melnik v. Ukraine and Sukachov v. Ukraine as precedents.
4. Additional violations were found regarding excessive length of pre-trial detention and criminal proceedings in some cases.
Key important provisions:
1. The Court reaffirmed that serious lack of space in prison cells is a key 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 poor conditions.
4. The decision reinforces the requirement for Ukraine to provide effective remedies for complaints about detention conditions.
5. The judgment highlights systematic problems in Ukrainian detention facilities, including overcrowding and poor material conditions.
