42508/23;42511/23;5046/24;5326/24;5342/24;7151/24;7153/24;7156/24;7717/24;8944/24;10461/24;10995/24;13171/24

FIFTH SECTION CASE OF KONDRATYEV AND OTHERS v. UKRAINE (Applications nos. 42508/23 and 12 others – see appended list)             JUDGMENT   STRASBOURG 6 March 2025   This judgment is final but it may be subject to editorial revision. In the case of Kondratyev and Others v. Ukraine, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:  Diana Sârcu, President,  Kateřina Šimáčková,  Mykola Gnatovskyy, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 6 February 2025, 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. 4.  The applicants complained of the inadequate conditions of their detention and of the lack of any effective remedy in domestic law. Some applicants also raised other complaints under the provisions of the Convention. THE LAW JOINDER OF THE APPLICATIONS 5.  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 6.  The applicants complained principally of the inadequate conditions of their detention during the periods indicated in the appended table and of the lack of an effective remedy in this connection. They relied on Articles 3 and 13 of the Convention. 7.  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). 8.  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. 9.  The Court also refers to its standard of proof and methods for assessment of evidence in conditions-of-detention cases (Muršić, cited above, §§ 127-28). In particular, in reply to a prima facie case of ill-treatment, complained of by the applicants, the Government is expected to provide primary evidence showing cell floor plans and the actual number of inmates during the specific periods of the applicants’ detention (see Ananyev and Others, cited above, § 123, and, for example, Sparysh and Kutsmand v. Ukraine [Committee], nos. 49709/18 and 49870/18, 12 September 2024). Other documents and photographs, related to air, food, water quality control, pest control, temperature and luminosity measurements, bathing facilities, privacy of toilet, laundry services etc., should pertain to cells and periods of the applicants’ detention. 10.  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. 11.  The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints. 12.  These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 13.  In applications nos. 42508/23 and 42511/23, the applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in the cases set out in the appended table. REMAINING COMPLAINTS 14.  In application no. 7717/24, the applicant also raised other complaints under Article 3 of the Convention. 15.  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 application must be rejected in accordance with Article 35 § 4 of the Convention. APPLICATION OF ARTICLE 41 OF THE CONVENTION 16.  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, the lack of any effective remedy in domestic law and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and the remainder of application no. 7717/24 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 that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table); 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 6 March 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.  Viktoriya Maradudina Diana Sârcu  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 Other complaints under well‑established case‑law Amount awarded for pecuniary and non-pecuniary damage per applicant (in euros)[1] Amount awarded for costs and expenses per application (in euros)[2]     42508/23 02/12/2023 Andriy Sergiyovych KONDRATYEV   Kulbach Sergiy Oleksandrovych Limoges Mykolaiv Pre-Trial Detention Facility 18/11/2022 pending More than 2 year(s) and 25 day(s) 2.7 m² overcrowding, mouldy or dirty cell, no or restricted access to shower, poor quality of potable water, lack of fresh air, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food, passive smoking, no or restricted access to potable water Art. 5 (3) - excessive length of pre-trial detention - 22/04/2020 - pending, fragility and repetitiveness of the reasoning employed by the courts as the case progressed (see Kharchenko v. Ukraine, no. 40107/02, §§ 77‑81, 10 February 2011, Ignatov v. Ukraine, 40583/15, §§ 38-42, 15 December 2016);   Art. 6 (1) - excessive length of criminal proceedings - 22/04/2020 - pending, 1 level of jurisdiction (see Nechay v. Ukraine, no. 15360/10, §§ 67‑79, 1 July 2021);   Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings – (see Nechay v. Ukraine, no. 15360/10, §§ 67‑79, 1 July 2021) 6,400     42511/23 02/12/2023 Illya Yuriyovych BERMAN   Kulbach Sergiy Oleksandrovych Limoges Mykolaiv Pre-Trial Detention Facility 18/11/2022 pending More than 2 year(s) and 25 day(s) 2.7 m² overcrowding, passive smoking, poor quality of food, poor quality of potable water, no or restricted access to shower, no or restricted access to potable water, mouldy or dirty cell, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of or insufficient quantity of food, lack of or insufficient physical exercise in fresh air, lack of fresh air Art. 5 (3) - excessive length of pre-trial detention - 22/04/2020 - pending, fragility and repetitiveness of the reasoning employed by the courts as the case progressed (see Kharchenko v. Ukraine, no. 40107/02, §§ 77‑81, 10 February 2011, Ignatov v. Ukraine, 40583/15, §§ 38-42, 15 December 2016);   Art. 6 (1) - excessive length of criminal proceedings - 22/04/2020 - pending, 1 level of jurisdictio (see Nechay v. Ukraine, no. 15360/10, §§ 67‑79, 1 July 2021);   Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings – (see Nechay v. Ukraine, no. 15360/10, §§ 67‑79, 1 July 2021)   6,400     5046/24 27/01/2024 Oleksandr Leonidovych RAYKH   Rybiy Sergiy Mykolayovych Dnipro Romny Detention Facility no. 56 24/11/2009 to 27/01/2024 14 year(s) and 2 month(s) and 4 day(s) 3 m² overcrowding, passive smoking, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of privacy for toilet, 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 potable water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air   7,500 -     5326/24 27/01/2024 Oleksiy Grygorovych NOSENKO   Rybiy Sergiy Mykolayovych Dnipro Romny Detention Facility no. 56 03/02/2021 pending More than 3 year(s) and 10 month(s) and 10 day(s) 3.76 m² overcrowding, lack of fresh air, inadequate temperature, lack of toiletries, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower, lack of psychological assistance, lack of or insufficient physical exercise in fresh air   7,500 -     5342/24 27/01/2024 Oleksandr Anatoliyovych ESAULOV   Rybiy Sergiy Mykolayovych Dnipro Romny Detention Facility no. 56 04/04/2009 pending More than 15 year(s) and 8 month(s) and 9 day(s) 3.76 m² overcrowding, lack of fresh air, inadequate temperature, lack of toiletries, lack of or poor quality of bedding and bed linen, no or restricted access to shower, poor quality of food, lack of psychological assistance, lack of or insufficient physical exercise in fresh air   7,500 -     7151/24 27/02/2024 Olena Anatoliyivna KLINKOVA   Savenko Maryna Andriyivna Dnipro Zhytomyr Detention Facility no. 8 01/10/2021 to 28/12/2023 2 year(s) and 2 month(s) and 28 day(s) 2.5-2.7 m² overcrowding, lack of fresh air, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower, infestation of cell with insects/rodents, passive smoking, mouldy or dirty cell, lack of privacy for toilet   5,300 -     7153/24 27/02/2024 Artem Anatoliyovych KARPOV   Savenko Maryna Andriyivna Dnipro Zhytomyr Detention Facility no. 8 21/04/2022 to 26/01/2024 1 year(s) and 9 month(s) and 6 day(s) 2.5 m² overcrowding, lack of privacy for toilet, passive smoking, mouldy or dirty cell, poor quality of food, no or restricted access to shower, lack of fresh air, lack of toiletries, lack of or poor quality of bedding and bed linen   4,600 -     7156/24 27/02/2024 Yaroslav Anatoliyovych VOLOVETSKYY   Savenko Maryna Andriyivna Dnipro Cherkasy Pre-Trial Detention Facility 30/01/2017 to 03/08/2023 6 year(s) and 6 month(s) and 5 day(s)   Cherkasy Pre-Trial Detention Facility 03/08/2023 to 29/08/2023 27 day(s)   Cherkasy Pre-Trial Detention Facility 29/08/2023 to 29/03/2024 7 month(s) and 21 day(s)     Cherkasy Pre-Trial Detention Facility 29/03/2024 to 12/07/2024 3 month(s) and 14 day(s)   2.6 m²                 3.4 m²             4.3-4.5 m²                 3.4 m² overcrowding, passive smoking, no or restricted access to shower, mouldy or dirty cell, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, poor quality of food, infestation of cell with insects/rodents       overcrowding, passive smoking, no or restricted access to shower, mouldy or dirty cell, lack of toiletries, lack of privacy for toilet, poor quality of food, infestation of cell with insects/rodents   passive smoking, no or restricted access to shower, mouldy or dirty cell, lack of toiletries, lack of privacy for toilet, poor quality of food, infestation of cell with insects/rodents         overcrowding, passive smoking, no or restricted access to shower, mouldy or dirty cell, lack of toiletries, lack of privacy for toilet, lack of or insufficient quantity of food, infestation of cell with insects/rodents   7,500 -     7717/24 23/02/2024 Oleg Vasylyovych LISOVENKO   Nazarenko Olena Oleksandrivna Romny Romny Detention facility no. 56 28/04/2021 pending More than 3 year(s) and 7 month(s) and 15 day(s) 1-3 m² mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, passive smoking, lack of privacy for toilet, overcrowding, sharing cells with inmates infected with contagious disease, inadequate temperature, lack of or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air     7,500 -   8944/24 04/03/2024 Mykhaylo Petrovych FESKIV   Voronyuk Kateryna Yuriyivna Rivne Chortkiv Detention Facility no. 26 01/10/2018 pending More than 6 year(s) and 2 month(s) and 12 day(s)   2.9 - 4.5 m² lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of privacy for toilet, lack of toiletries, overcrowding   7,500 -   10461/24 18/03/2024 Sergiy Sergiyovych SOLONCHAK   Yolkin Andriy Valeriyovych Kryvyy Rig Mykolaiv Pre‑Trial detention Facility 07/07/2022 to 22/11/2023 1 year(s) and 4 month(s) and 16 day(s)                         Mykolaiv Pre-Trial detention Facility 10/01/2024 to 12/02/2024 1 month(s) and 3 day(s) 2.8-4.8 m²                                         2.6 m² overcrowding, mouldy or dirty cell, lack of fresh air, passive smoking, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of potable water, no or restricted access to running water, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to shower, lack of or poor quality of bedding and bed linen, lack of toiletries, lack of or insufficient quantity of food, infestation of cell with insects/rodents, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, poor quality of food           overcrowding, mouldy or dirty cell, lack of fresh air, passive smoking, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of potable water, no or restricted access to running water, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to shower, lack of or poor quality of bedding and bed linen, lack of toiletries, lack of or insufficient quantity of food, infestation of cell with insects/rodents, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, poor quality of food     4,000 -   10995/24 08/04/2024 Valentyn Vasylyovych SIMON   Sosyedko Maksym Oleksandrovych Kyiv Dnipro Detention Facility no. 4 01/10/2018 pending More than 6 year(s) and 2 month(s) and 12 day(s) 2.5-3.65 m² overcrowding, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, lack of or insufficient natural light, lack of or insufficient electric light     7,500 -   13171/24 23/04/2024 Sergey Valeriyovych DYUKAREV   Rybiy Sergiy Mykolayovych Dnipro Vinnytsya Detention Facility no. 1 01/02/2002 pending More than 22 year(s) and 10 month(s) and 12 day(s) 3.7 m² overcrowding, lack of fresh air, passive smoking, inadequate temperature, infestation of cell with insects/rodents, 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 -     [1] Plus any tax that may be chargeable to the applicants. [2] Plus any tax that may be chargeable to the applicants.