42589/23;42595/23;42603/23;8495/24;8634/24;8636/24;12699/24;12706/24;15202/24;15205/24;15206/24;15382/24

FIFTH SECTION CASE OF SEMCHUK AND OTHERS v. UKRAINE (Applications nos. 42589/23 and 11 others – see appended list)             JUDGMENT   STRASBOURG 20 March 2025   This judgment is final but it may be subject to editorial revision. In the case of Semchuk 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 27 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 applicants were represented by Mr Sergiy Mykolayovych Rybiy, a lawyer practising in Dnipro. 3.  The Ukrainian Government (“the Government”) were given notice of the applications. THE FACTS 4.  The list of applicants and the relevant details of the applications are set out in the appended table. 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 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. 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.  The Court also refers to its standard of proof and methods for assessment of evidence in conditions-of-detention cases (see 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. 9.  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. 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 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. APPLICATION OF ARTICLE 41 OF THE CONVENTION 13.  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 applications admissible; Holds that these applications disclose a breach of Articles 3 and 13 of the Convention concerning the inadequate conditions of detention 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 20 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 Facility Start and end date Duration Sq. m per inmate Specific grievances Amount awarded for pecuniary and non-pecuniary damage per applicant (in euros)[1]     42589/23 17/11/2023 Olena Yuriyivna SEMCHUK   Kryvyi Rih Detention Facility no. 3 06/01/2022 to 29/11/2023 1 year(s) and 10 month(s) and 24 day(s) 2.5 m² overcrowding, lack of fresh air, passive smoking, infestation of cell with insects/rodents, mouldy or dirty cell, lack of privacy for toilet, 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 physical exercise in fresh air 4,700     42595/23 17/11/2023 Valeriy Volodymyrovych GRAYNIK   Kryvyi Rih Detention Facility no. 3 19/11/2012 pending More than 12 year(s) and 2 month(s) and 18 day(s) 3.7 m² lack of fresh air, passive smoking, mouldy or dirty cell, no or restricted access to toilet, lack of privacy for toilet, 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 warm water, poor quality of potable water, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack of or insufficient electric light, overcrowding 7,500     42603/23 17/11/2023 Valeriy Volodymyrovych BOLDYRYEV   Kryvyi Rih Detention Facility no. 3 28/10/2014 pending More than 10 year(s) and 3 month(s) and 9 day(s) 3.3 m² lack of fresh air, passive smoking, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to toilet, 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, no or restricted access to shower, poor quality of potable water, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, overcrowding 7,500     8495/24 01/03/2024 Oleksandr Yuriyovych GROMOVYY   Kryvyi Rih Detention Facility no. 3 13/10/2023 to 26/02/2024 4 month(s) and 14 day(s) 3.8 m² overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient quantity of food, lack of or insufficient electric light, no or restricted access to shower, no or restricted access to warm water, no or restricted access to potable water, passive smoking, inadequate temperature, infestation of cell with insects/rodents, mouldy or dirty cell, lack of privacy for toilet, lack of toiletries, poor quality of potable water, lack of or insufficient physical exercise in fresh air 1,500     8634/24 01/03/2024 Igor Volodymyrovych SUPRUNYUK   Kryvyi Rih Detention Facility no. 3 25/10/2023 to 27/03/2024 5 month(s) and 3 day(s) 3.7 m² overcrowding, passive smoking, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, mouldy or dirty cell, 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 1,700     8636/24 01/03/2024 Mykhaylo Sergiyovych CHERNYSHOV   Kryvyi Rih Detention Facility no. 3 11/10/2023 to 26/02/2024 4 month(s) and 16 day(s) 3.7 m² overcrowding, passive smoking, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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 1,500     12699/24 10/04/2024 Roman Stanislavovych POLOZHENKO   Kryvyi Rih Detention Facility no. 3 07/09/2023 to 08/04/2024 7 month(s) and 2 day(s) 3.9 m² overcrowding, lack of fresh air, passive smoking, inadequate temperature, 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 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 2,200     12706/24 10/04/2024 Yana Yuriyivna KOZLOVSKA   Kryvyi Rih Detention Facility no. 3 01/07/2022 to 03/06/2024 1 year(s) and 11 month(s) and 3 day(s) 2.9 m² overcrowding, lack of fresh air, 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 4,900     15202/24 02/05/2024 Dmytro Vyacheslavovych KASKIN   Kryvyi Rih Detention Facility no. 3 24/12/2013 to 02/05/2024 10 year(s) and 4 month(s) and 9 day(s) 3 m² overcrowding, lack of fresh air, inadequate temperature, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, lack of or insufficient natural light, lack of or insufficient electric light 7,500   15205/24 02/05/2024 Valentyn Oleksiyovych BETSUN   Kryvyi Rih Detention Facility no. 3 09/04/2022 to 07/03/2024 1 year(s) and 10 month(s) and 28 day(s) 2.5 m² overcrowding, lack of fresh air, inadequate temperature, 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 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 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 4,700   15206/24 02/05/2024 Ruslan Volodymyrovych OLIYNYK   Kryvyi Rih Detention Facility no. 3 09/04/2022 to 23/02/2024 1 year(s) and 10 month(s) and 15 day(s) 2.5 m² overcrowding, lack of fresh air, inadequate temperature, mouldy or dirty cell, lack of privacy for toilet, lack of toiletries, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, no or restricted access to shower, poor quality of food, no or restricted access to warm water 4,700   15382/24 27/03/2024 Vitaliy Mykhaylovych PRASLOV   Kryvyi Rih Detention Facility no. 3 24/05/2023 to 30/03/2024 10 month(s) and 7 day(s) 3.4 m² overcrowding, lack of fresh air, 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 warm water, no or restricted access to running water, lack of or insufficient electric light, passive smoking, inadequate temperature, infestation of cell with insects/rodents, mouldy or dirty cell, lack of toiletries, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air 2,900     [1] Plus any tax that may be chargeable to the applicants.