The applicants complained of the inadequate conditions of their detention and of the lack of any effective remedy in domestic law. In applications nos. 55869\/20 and 10805\/21, the applicants also raised other complaints under the provisions of the Convention.<\/p>\n
FIFTH SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Golovatyuk and Others v. Ukraine,<\/strong><\/p>\n The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:<\/p>\n L\u0259tif H\u00fcseynov, President, Having deliberated in private on 25 November 2021,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in applications against Ukraine lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the various dates indicated in the appended table.<\/p>\n 2. The Ukrainian Government (\u201cthe\u00a0Government\u201d) were given notice of the applications.<\/p>\n THE FACTS<\/strong><\/p>\n 3. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 4. The applicants complained of the inadequate conditions of their detention and of the lack of any effective remedy in domestic law. In\u00a0applications nos.\u00a055869\/20 and 10805\/21, the applicants also raised other complaints under the provisions of the Convention.<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/p>\n 5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n II. ALLEGED VIOLATION OF ARTICLES\u00a03 AND\u00a013 OF THE CONVENTION<\/p>\n 6. The applicants complained principally of the inadequate conditions of their detention and lack of an effective remedy in this connection. They\u00a0relied on Articles\u00a03 and\u00a013 of the Convention, which read as follows:<\/p>\n Article 3<\/p>\n \u201cNo one shall be subjected to torture or to inhuman or degrading treatment or punishment.\u201d<\/p>\n Article 13<\/p>\n \u201cEveryone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority …\u201d<\/p>\n 7. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants\u2019 detention are indicated in the appended table. The Court refers to the principles established in its case\u2011law regarding inadequate conditions of detention (see, for instance, Mur\u0161i\u0107\u00a0v.\u00a0Croatia [GC], no.\u00a07334\/13, \u00a7\u00a7\u00a096\u2011101, 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 \u201cdegrading\u201d from the point of view of Article\u00a03 and may disclose a violation, both alone or taken together with other shortcomings (see Mur\u0161i\u0107, cited above, \u00a7\u00a7\u00a0122\u201141, and Ananyev\u00a0and\u00a0Others v. Russia, nos.\u00a042525\/07 and 60800\/08, \u00a7\u00a7\u00a0149\u201159, 10\u00a0January 2012).<\/p>\n 8. In the leading cases of Melnik v. Ukraine (no.\u00a072286\/01, 28\u00a0March\u00a02006) 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.<\/p>\n 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\u2019 conditions of detention were inadequate.<\/p>\n 10. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints.<\/p>\n 11. These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention.<\/p>\n III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/p>\n 12. In applications nos.\u00a055869\/20 and 10805\/21, the applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see\u00a0appended\u00a0table). These complaints are not manifestly ill-founded within the meaning of Article\u00a035\u00a0\u00a7\u00a03\u00a0(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\u00a0Nechay\u00a0v.\u00a0Ukraine (no. 15360\/10, 1 July 2021), related to the excessive length of the criminal proceedings and lack of an effective remedy in this regard.<\/p>\n IV. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/p>\n 13. Article\u00a041 of the Convention provides:<\/p>\n \u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n 14. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Sukachov, cited above, \u00a7\u00a7 165 and 167), the Court considers it reasonable to award the sums indicated in the appended table.<\/p>\n 15. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to join the applications;<\/p>\n 2. Declares the applications admissible;<\/p>\n 3. Holds that these applications disclose a breach of Articles\u00a03 and 13 of the Convention concerning the inadequate conditions of detention and the lack of any effective remedy in domestic law;<\/p>\n 4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);<\/p>\n 5. Holds<\/p>\n (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;<\/p>\n (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.<\/p>\n Done in English, and notified in writing on 16 December 2021, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0L\u0259tif H\u00fcseynov __________<\/p>\n APPENDIX<\/strong><\/p>\n List of applications raising complaints under Articles 3 and 13 of the Convention<\/p>\n (inadequate conditions of detention and lack of any effective remedy in domestic law)<\/p>\n
\nCASE OF GOLOVATYUK AND OTHERS v. UKRAINE<\/strong>
\n(Applications nos. 28662\/20 and 8 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n16 December 2021<\/p>\n
\nLado Chanturia,
\nArnfinn B\u00e5rdsen, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n