{"id":11501,"date":"2025-08-29T10:29:38","date_gmt":"2025-08-29T07:29:38","guid":{"rendered":"https:\/\/lexcovery.com\/2025\/08\/case-of-kovalevskyy-and-others-v-ukraine\/"},"modified":"2025-08-29T10:29:38","modified_gmt":"2025-08-29T07:29:38","slug":"case-of-kovalevskyy-and-others-v-ukraine","status":"publish","type":"post","link":"https:\/\/lexcovery.com\/en\/2025\/08\/case-of-kovalevskyy-and-others-v-ukraine\/","title":{"rendered":"CASE OF KOVALEVSKYY AND OTHERS v. UKRAINE"},"content":{"rendered":"<p>****<\/p>\n<p>This decision concerns three applications against Ukraine regarding inadequate detention conditions and the lack of effective remedies for these conditions, as well as other violations under the Convention. The European Court of Human Rights (ECtHR) found that the applicants were held in poor conditions, including overcrowding, lack of hygiene, and inadequate access to basic necessities. The Court also noted the absence of effective domestic remedies to address these issues. Consequently, the ECtHR ruled that Ukraine had violated Articles 3 and 13 of the Convention, which prohibit inhuman or degrading treatment and guarantee the right to an effective remedy, respectively. Additionally, the Court found violations related to the excessive length of criminal proceedings and the lack of effective remedies for this issue, awarding sums for pecuniary and non-pecuniary damage to each applicant.<\/p>\n<p>The decision is structured as follows: It begins with the procedure, outlining the case&#8217;s origin and notification to the Ukrainian Government. The facts section details the applicants and their complaints, focusing on inadequate detention conditions and the lack of effective remedies. The law section addresses the joinder of the applications due to their similar subject matter. It then assesses the alleged violations of Articles 3 and 13, referencing established case-law on detention conditions and the standard of proof required from the government. The decision also considers other alleged violations under well-established case-law, declaring them admissible and finding further breaches of the Convention. Finally, it addresses the application of Article 41, awarding compensation to the applicants. There are no changes compared to previous versions, as this is the initial judgment.<\/p>\n<p>The most important provisions of this decision are those that highlight the systemic issues within Ukrainian detention facilities and the judiciary. The Court emphasizes the need for effective remedies for poor detention conditions and excessive length of criminal proceedings. The decision also underscores the importance of providing reliable evidence, such as dated cell floor plans and inmate numbers, to counter allegations of ill-treatment. Furthermore, the awards granted to the applicants serve as a tangible acknowledgment of the harm suffered and a call for Ukraine to improve its detention conditions and judicial processes.<\/p>\n<p><a href=\"https:\/\/hudoc.echr.coe.int\/?i=001-244620\"><strong>Full text by link<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>**** This decision concerns three applications against Ukraine regarding inadequate detention conditions and the lack of effective remedies for these conditions, as well as other violations under the Convention. The European Court of Human Rights (ECtHR) found that the applicants were held in poor conditions, including overcrowding, lack of hygiene, and inadequate access to basic&hellip;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"pmpro_default_level":"","footnotes":""},"categories":[129,42],"tags":[],"class_list":["post-11501","post","type-post","status-publish","format-standard","hentry","category-echr-decisions","category-eu-legislation-important","pmpro-has-access"],"acf":{"patreon-level":0},"_links":{"self":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/11501","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/comments?post=11501"}],"version-history":[{"count":0,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/11501\/revisions"}],"wp:attachment":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/media?parent=11501"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/categories?post=11501"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/tags?post=11501"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}