26875/23;32228/23;32233/23;32706/23;32709/23;35547/23;35550/23;35556/23;35558/23;577/24;579/24

FIFTH SECTION CASE OF KALIMOV AND OTHERS v. UKRAINE (Applications nos. 26875/23 and 10 others – see appended list)             JUDGMENT   STRASBOURG 24 October 2024   This judgment is final but it may be subject to editorial revision. In the case of Kalimov and Others v. Ukraine, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:  Kateřina Šimáčková, President,  Mykola Gnatovskyy,  Artūrs Kučs, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 3 October 2024, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.  The Ukrainian Government (“the Government”) were given notice of the applications. THE FACTS 3.  The list of applicants and the relevant details of the applications are set out in the appended table. THE LAW JOINDER OF THE APPLICATIONS 4.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. ALLEGED VIOLATION OF ARTICLES 3 AND 13 OF THE CONVENTION 5.  The applicants complained principally of the inadequate conditions of their detention and that they had no effective remedy in this connection. They relied on Articles 3 and 13 of the Convention. 6.  The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding inadequate conditions of detention (see, for instance, Muršić v. Croatia [GC], no. 7334/13, §§ 96‑101, ECHR 2016). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 10 January 2012). 7.  In the leading cases of Melnik v. Ukraine (no. 72286/01, 28 March 2006) and Sukachov v. Ukraine (no. 14057/17, 30 January 2020), the Court already found a violation in respect of issues similar to those in the present case. 8.  The Court further observes in the present case that, in reply to a prima facie complaint of inadequate conditions of detention, no primary evidence showing cell floor plans and the actual number of inmates during the entire period of the applicants’ detention have been provided by the Government (see Ananyev and Others v. Russia, cited above, § 123, and, for example, Sparysh and Kutsmand v. Ukraine [Committee], nos. 49709/18 and 49870/18, 12 September 2024). 9.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention during the periods indicated in the appended table were inadequate. 10.  The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints. 11.  These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention. REMAINING COMPLAINTS 12.  In applications nos. 577/24 and 579/24, the applicants also raised other complaints under Article 3 of the Convention. 13.  The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention. APPLICATION OF ARTICLE 41 OF THE CONVENTION 14.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Sukachov, cited above, §§ 165 and 167), the Court considers it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Declares the complaints concerning the inadequate conditions of detention during the periods indicated in the appended table and the lack of any effective remedy in domestic law admissible, and the remainder of applications nos. 577/24 and 579/24 inadmissible; Holds that these complaints disclose a breach of Articles 3 and 13 of the Convention concerning the inadequate conditions of detention during the periods indicated in the appended table and the lack of any effective remedy in domestic law; Holds (a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; (b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 24 October 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.  Viktoriya Maradudina Kateřina Šimáčková  Acting Deputy Registrar President       APPENDIX List of applications raising complaints under Articles 3 and 13 of the Convention (inadequate conditions of detention and lack of any effective remedy in domestic law) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Facility Start and end date Duration Sq. m per inmate Specific grievances Amount awarded for non-pecuniary damage per applicant (in euros)[1]     26875/23 15/06/2023 Yevgeniy Volodymyrovych KALIMOV   Pustyntsev Andriy Vitaliyovych Dnipro Kryviy Rih Detention Facility no. 3 09/12/2019 to 17/07/2023 3 years and 7 months and 9 days 2.9 – 3.1 m² Overcrowding, passive smoking, infestation of cell with insects/rodents, lack of fresh air, mouldy or dirty cell, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, poor quality of food. 7,500     32228/23 06/08/2023 Oleksiy Valentynovych NOVIKOV   Rybiy Sergiy Mykolayovych Dnipro   Kryviy Rih Detention Facility no. 3 04/06/2017 pending More than 7 years and 3 months and 6 days 3 m² Overcrowding, lack of fresh air, passive smoking, inadequate temperature, infestation of cell with insects/rodents, lack of requisite medical assistance, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of toiletries, poor quality of food, no or restricted access to shower, lack of or insufficient quantity of food, no or restricted access to potable water. 7,500     32233/23 07/08/2023 Vardan Grigoryevich MAGLOCHYAN   Kryviy Rih Detention Facility no. 3 21/02/2023 pending More than 1 years and 6 months and 20 days 3.7 m² Overcrowding, lack of fresh air, passive smoking, inadequate temperature, infestation of cell with insects/rodents, lack of requisite medical assistance, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of toiletries, poor quality of food, no or restricted access to shower, lack of or insufficient quantity of food, no or restricted access to potable water. 4,100     32706/23 10/08/2023 Yuriy Stanislavovych YAVORSKYY   Kryvyy Rih Detention Facility no. 3 26/06/2013 pending More than 11 years and 2 months and 15 days 3.9 m² Overcrowding, passive smoking, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, lack of requisite medical assistance, mouldy or dirty cell, no or restricted access to warm water, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of toiletries, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower, no or restricted access to potable water, lack of or insufficient quantity of food, lack of or insufficient physical exercise in fresh air, poor quality of potable water. 7,500     32709/23 10/08/2023 Igor Viktorovych SHPYLKA   Kryvyy Rih Detention Facility no. 3 04/08/2015 pending More than 9 years and 1 month and 6 days 3.9 m² Overcrowding, passive smoking, lack of fresh air, inadequate temperature, lack of requisite medical assistance, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, no or restricted access to potable water, no or restricted access to shower, no or restricted access to warm water, poor quality of food, poor quality of potable water. 7,500     35547/23 07/09/2023 Eduard Volodymyrovych SLAVOV   Kryvyy Rih Detention Facility no. 3 26/04/2021 pending More than 3 years and 4 months and 15 days 3.3 m² Overcrowding, passive smoking, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of toiletries, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, poor quality of food, no or restricted access to warm water, no or restricted access to shower, no or restricted access to running water, no or restricted access to potable water, lack of or insufficient quantity of food, lack of or insufficient physical exercise in fresh air. 7,400     35550/23 07/09/2023 Pavlo Volodymyrovych POLEGESHKO   Kryvyy Rig Detention Facility no. 3 04/08/2016 pending More than 8 years and 1 month and 6 days 3.6 m² Overcrowding, lack of fresh air, passive smoking, infestation of cell with insects/rodents, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of requisite medical assistance, lack of toiletries, mouldy or dirty cell, no or restricted access to potable water, no or restricted access to shower, no or restricted access to warm water, poor quality of food, poor quality of potable water. 7,500     35556/23 07/09/2023 Sergiy Viktorovych LISNYKH   Kryvyy Rig Detention facility no. 3 29/03/2013 pending More than 11 years and 5 months and 12 days 3.6 m² Overcrowding, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of requisite medical assistance, lack of toiletries, mouldy or dirty cell, no or restricted access to potable water, no or restricted access to shower, no or restricted access to running water, no or restricted access to warm water, passive smoking, poor quality of food. 7,500     35558/23 07/09/2023 Vitaliy Ivanovich PUTNENKO   Kryvyy Rig Detention Facility no. 3 18/06/2014 pending More than 10 years and 2 months and 23 days 3.6 m² Overcrowding, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of requisite medical assistance, lack of toiletries, mouldy or dirty cell, no or restricted access to potable water, no or restricted access to shower, passive smoking, poor quality of food, poor quality of potable water, lack of or insufficient quantity of food, no or restricted access to warm water. 7,500   577/24 12/12/2023 Valeriy Lukych AKULOV   Kryvyy Rih Detention Facility 11/10/2023 to 10/04/2024 6 months 3.8 m² Overcrowding, lack of fresh air, inadequate temperature, lack of requisite medical assistance, infestation of cell with insects/rodents, mouldy or dirty cell, lack of privacy for toilet, no or restricted access to warm water, lack of toiletries, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air. 1,700   579/24 12/12/2023 Dmytro Mykolayovych PRANGOV   Kryvyy Rih Detention 11/10/2023 to 04/01/2024 2 months and 25 days 3.8 m² Overcrowding, lack of fresh air, passive smoking, inadequate temperature, mouldy or dirty cell, infestation of cell with insects/rodents, lack of requisite medical assistance, lack of privacy for toilet, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, lack of toiletries, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of or insufficient natural light. 1,100   [1] Plus any tax that may be chargeable to the applicants.