53982/22;22901/23;22959/23;34799/23;40460/23;42053/23;42497/23;272/24;5139/24;12296/24;13467/24;13476/24;14278/24;14375/24;14379/24;14406/24

FIFTH SECTION CASE OF TEPLYAKOV AND OTHERS v. UKRAINE (Applications nos. 53982/22 and 15 others – see appended list)             JUDGMENT   STRASBOURG 23 January 2025   This judgment is final but it may be subject to editorial revision.   In the case of Teplyakov 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 19 December 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. 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 about 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.  Some 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 applications nos. 13467/24 and 13476/24 the applicants also raised other complaints under various Articles 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 applications 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 in that regard 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 applications nos. 13467/24 and 13476/24 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 23 January 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]     53982/22 07/10/2022   AND   42053/23 18/11/2023 Illya Dmytrovych TEPLYAKOV   Khusayinov Roman Oleksandrovych Dnipro Dnipro Detention Facility no. 4 21/12/2020 to 08/06/2022 1 year(s) and 5 month(s) and 19 day(s) 2.8 m² overcrowding, poor quality of potable water, no or restricted access to shower, passive smoking     Art. 5 (3) - excessive length of pre-trial detention – from 19/12/2020 to 17/03/2022 and   from 27/02/2023 to 24/06/2024 2 year(s) and 6 month(s) 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) 5,200     22901/23 16/05/2023 Viktor Oleksiyovych DEYSAN   Pustyntsev Andriy Vitaliyovych Dnipro Zhytomyr Detention Facility no. 8 26/02/2021 pending More than 3 year(s) and 9 month(s) and 9 day(s) < 2.5 m² overcrowding, lack of fresh air, passive smoking, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of toiletries, no or restricted access to shower, poor quality of food, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient quantity of food   7,500 -     22959/23 23/05/2023 Oleksandr Ivanovych ZHELEZNYAK   Rybiy Sergiy Mykolayovych Dnipro Chernihiv Pre-Trial Detention Facility 06/10/2011 to 23/01/2023 11 year(s) and 3 month(s) and 18 day(s) 2.7 - 4 m² inadequate temperature, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to shower, no or restricted access to warm water, overcrowding   7,500 -     34799/23 07/08/2023 Dmytro Yuriyovych TYMOSHENKO   Kulbach Sergiy Oleksandrovych Limoges Solonyanska Detention Facility no. 21 21/09/2022 to 31/05/2023 8 month(s) and 11 day(s) 3.4 m² overcrowding, passive smoking, mouldy or dirty cell Art. 5 (3) - excessive length of pre-trial detention - 31/05/2020 - 06/09/2023, 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 - 11/02/2020 - 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) 3,100     40460/23 28/10/2023 Valeriy Yuriyovych FRANK   Savenko Maryna Andriyivna Dnipro Kropyvnytsky Pre-Trial Detention Facility 06/05/2017 to 08/02/2024 6 year(s) and 9 month(s) and 3 day(s) 2.2 m² overcrowding, no or restricted access to warm water, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, poor quality of food, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to shower Art. 6 (1) - excessive length of criminal proceedings - 03/05/2017 - 24/07/2024, 3 levels 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)   9,800 -     42497/23 02/12/2023 Ruslan Volodymyrovych CHEBOTAR   Kulbach Sergiy Oleksandrovych Limoges Dnipro Detention Facility no. 4 20/07/2023 pending More than 1 year(s) and 4 month(s) and 15 day(s) 3.6 m² overcrowding, no or restricted access to shower, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of toiletries, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient quantity of food Art. 5 (3) - excessive length of pre-trial detention - 20/07/2023 - 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 - 13/12/2019 - 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)   5,000     272/24 18/12/2023 Valeriy Valeriyovych MERYNOV   Kushnir Valeriy Oleksandrovych Dnipro Zaporizhzhia Pre-Trial Detention Facility 27/12/2021 pending More than 2 year(s) and 11 month(s) and 8 day(s) 2.9 - 7.8 m² overcrowding, no or restricted access to shower, mouldy or dirty cell, lack of toiletries, passive smoking, lack of or insufficient physical exercise in fresh air, poor quality of food Art. 5 (3) - excessive length of pre-trial detention - 23/12/2021 - pending, fragility and repetitiveness of the reasoning employed by the courts (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 - 23/12/2021 - 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) 8,700     5139/24 27/01/2024 Oleksandr Mykhaylovych GAVDAN   Rybiy Sergiy Mykolayovych Dnipro Romny Detention Facility no. 56 04/05/2014 pending More than 10 year(s) and 7 month(s) and 1 day(s) 3.8 m² overcrowding, lack of fresh air, passive smoking, inadequate temperature, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to shower, lack of or insufficient quantity of food   7,500 -     12296/24 10/04/2024 Sergiy Anatoliyovych DAVYDOV   Rybiy Sergiy Mykolayovych Dnipro Zamkova Detention Facility no. 58 05/04/2022 pending More than 2 year(s) and 8 month(s) 3.7 m² overcrowding, lack of fresh air, passive smoking, inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to shower, lack of or insufficient quantity of food, no or restricted access to potable water   6,100 -   13467/24 18/04/2024 Ruslan Vasylyovych TYMCHUK   Rybiy Sergiy Mykolayovych Dnipro Novhorod-Siverskyy Detention Facility no. 31   11/01/2021 to 18/04/2024 3 year(s) and 3 month(s) and 8 day(s) 3.5 m² overcrowding, inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of toiletries, mouldy or dirty cell, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower, passive smoking, infestation of cell with insects/rodents, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to warm water, poor quality of potable water     7,300 -   13476/24 18/04/2024 Denys Yuriyovych MELNYKOV   Rybiy Sergiy Mykolayovych Dnipro Novhorod-Siverskyy Detention Facility no. 31 26/03/2016 to 18/04/2024 8 year(s) and 24 day(s) 3.5-4 m² overcrowding, lack of fresh air, lack of toiletries, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to warm water, lack of or insufficient quantity of food, no or restricted access to potable water, passive smoking, infestation of cell with insects/rodents, mouldy or dirty cell, inadequate temperature, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, no or restricted access to shower     7,500 -   14278/24 18/04/2024 Volodymyr Oleksandrovych DRUGOV   Rybiy Sergiy Mykolayovych Dnipro Novhorod-Siverskyy Detention Facility no. 31 19/04/2012 to 18/04/2024 12 year(s) 3.3 m² overcrowding, lack of fresh air, 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 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, lack of or insufficient physical exercise in fresh air, inadequate temperature, no or restricted access to shower, no or restricted access to warm water   7,500 -   14375/24 26/04/2024 Vasyl Volodymyrovych VOYEDILO   Pustyntsev Andriy Vitaliyovych Dnipro Zhytomyr Detention Facility 17/03/2015 to 05/08/2024 9 year(s) and 4 month(s) and 20 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, no or restricted access to warm water, lack of toiletries, 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, no or restricted access to shower, lack of or insufficient electric light, lack of or insufficient natural light   Art. 6 (1) - excessive length of criminal proceedings - 16/03/2015 - 05/08/2024, 2 levels of jurisdiction  (see Nechay v. Ukraine, no. 15360/10, 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);   9,800 -   14379/24 26/04/2024 Vasyl Volodymyrovych PODUNAY   Pustyntsev Andriy Vitaliyovych Dnipro Zhytomyr Detention Facility 17/03/2015 to 05/08/2024 9 year(s) and 4 month(s) and 20 day(s) 2.5 m² overcrowding, lack of fresh air, passive smoking, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, lack of toiletries, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of or insufficient quantity of food, poor quality of food, no or restricted access to warm water, no or restricted access to shower Art. 6 (1) - excessive length of criminal proceedings - 15/03/2015 - 05/08/2024, 2 levels 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)   9,800     14406/24 26/04/2024 Valentyn Anatoliyovych BOGATKO   Pustyntsev Andriy Vitaliyovych Dnipro Zhytomyr Detention Facility 22/07/2022 pending More than 2 year(s) and 4 month(s) and 13 day(s) 2.5-2.6 m² overcrowding, lack of fresh air, passive smoking, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, lack of toiletries, 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, no or restricted access to shower, no or restricted access to warm water     5,600 -     [1] Plus any tax that may be chargeable to the applicants. [2] Plus any tax that may be chargeable to the applicants.