{"id":21652,"date":"2023-11-16T12:26:19","date_gmt":"2023-11-16T12:26:19","guid":{"rendered":"https:\/\/laweuro.com\/?p=21652"},"modified":"2023-11-16T12:26:19","modified_gmt":"2023-11-16T12:26:19","slug":"case-of-oliynyk-and-others-v-ukraine-the-applicants-complained-of-the-inadequate-conditions-of-their-detention-and-that-they-had-no-effective-remedy-in-this-connection","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=21652","title":{"rendered":"CASE OF OLIYNYK AND OTHERS v. UKRAINE – The applicants complained of the inadequate conditions of their detention and that they had no effective remedy in this connection"},"content":{"rendered":"

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. These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention<\/strong>.<\/p>\n

\n

Full text of the document.<\/em><\/p>\n

European Court of Human Rights
\nFIFTH SECTION
\nCASE OF OLIYNYK AND OTHERS v. UKRAINE<\/strong>
\n(Application no. 18431\/21 and 6 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n16 November 2023<\/p>\n

This judgment is final but it may be subject to editorial revision.<\/p>\n

In the case of Oliynyk and Others v. Ukraine,<\/strong><\/p>\n

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
\nCarlo Ranzoni, President,
\nLado Chanturia,
\nMar\u00eda El\u00f3segui, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n

Having deliberated in private on 12 October 2023,<\/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

THE LAW<\/strong><\/p>\n

I. JOINDER OF THE APPLICATIONS<\/strong><\/p>\n

4. 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<\/strong><\/p>\n

5. The applicants complained of the inadequate conditions of their detention and that they had no effective remedy in this connection. They relied on Articles\u00a03 and\u00a013 of the Convention.<\/p>\n

6. 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 v.\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\u00a0122-41, and Ananyev and Others v.\u00a0Russia, nos.\u00a042525\/07 and 60800\/08, \u00a7\u00a7\u00a0149\u201159, 10\u00a0January 2012).<\/p>\n

7. In the leading cases of Melnik v. Ukraine (no. 72286\/01, 28\u00a0March 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.<\/p>\n

8. 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

9. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints.<\/p>\n

10. These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention.<\/p>\n

III. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/strong><\/p>\n

11. 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

12. 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

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<\/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 November 2023, 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\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Carlo Ranzoni
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n

___________<\/p>\n

APPENDIX<\/strong>
\nList of applications raising complaints under Articles 3 and 13 of the Convention
\n(inadequate conditions of detention and lack of any effective remedy in domestic law)<\/p>\n\n\n\n\n\n\n\n\n\n\n\n
No.<\/strong><\/td>\nApplication no.<\/strong><\/p>\n

Date of introduction<\/strong><\/td>\n

Applicant\u2019s name<\/strong><\/p>\n

Year of birth<\/strong><\/p>\n

\u00a0<\/strong><\/td>\n

Representative\u2019s name and location<\/strong><\/td>\nFacility<\/strong><\/p>\n

Start and end date<\/strong><\/p>\n

Duration<\/strong><\/td>\n

Sq. m per inmate<\/strong><\/td>\nSpecific grievances<\/strong><\/td>\nAmount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant<\/strong><\/p>\n

(in euros)<\/strong>[i]<\/strong><\/a><\/td>\n<\/tr>\n<\/thead>\n

1.<\/td>\n18431\/21<\/p>\n

31\/03\/2021<\/td>\n

Oleksandr Volodymyrovych OLIYNYK<\/strong><\/p>\n

1977<\/td>\n

Kulbach Sergiy Oleksandrovych<\/p>\n

Limoges<\/td>\n

Kyiv Pre-Trial Detention Facility<\/p>\n

06\/04\/2020<\/p>\n

pending<\/p>\n

More than<\/p>\n

3 years and<\/p>\n

5 months<\/td>\n

2.5-2.7 m\u00b2<\/td>\nlack 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, mouldy or dirty cell, no or restricted access to shower, overcrowding, passive smoking, poor quality of potable water<\/td>\n7,400<\/td>\n<\/tr>\n
2.<\/td>\n61319\/21<\/p>\n

08\/12\/2021<\/td>\n

Volodymyr Mykolayovych PEDKO<\/strong><\/p>\n

1967<\/td>\n

Sosyedko Maksym Oleksandrovych<\/p>\n

Kyiv<\/td>\n

Dnipro Pre-Trial Detention Facility<\/p>\n

29\/11\/2019 to<\/p>\n

02\/03\/2023<\/p>\n

3 years and<\/p>\n

3 months and<\/p>\n

3 days<\/td>\n

2.5-2.7 m\u00b2<\/td>\novercrowding, lack of fresh air, passive smoking, infestation of cell with insects\/rodents, mouldy or dirty cell, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of toiletries, poor quality of food, no or restricted access to shower, lack of or insufficient electric light, lack of or insufficient natural light<\/td>\n7,300<\/td>\n<\/tr>\n
3.<\/td>\n25951\/22<\/p>\n

28\/04\/2022<\/td>\n

Oleksandr Sergiyovych YEFIMOV<\/strong><\/p>\n

1984<\/td>\n

Kulbach Sergiy Oleksandrovych<\/p>\n

Limoges<\/td>\n

Dnipro Detention Facility no. 4<\/p>\n

07\/09\/2018<\/p>\n

pending<\/p>\n

More than<\/p>\n

4 years and<\/p>\n

11 months and 30 days<\/td>\n

2.6-4.2 m\u00b2<\/td>\nlack 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 toiletries, mouldy or dirty cell, no or restricted access to shower, overcrowding, passive smoking, poor quality of food, poor quality of potable water<\/td>\n7,500<\/td>\n<\/tr>\n
4.<\/td>\n26115\/22<\/p>\n

28\/04\/2022<\/td>\n

Mykhaylo Viktorovych KNYAZYEV<\/strong><\/p>\n

1988<\/td>\n

Kulbach Sergiy Oleksandrovych<\/p>\n

Limoges<\/td>\n

Dnipro Detention Facility no. 4<\/p>\n

17\/09\/2018<\/p>\n

pending<\/p>\n

More than<\/p>\n

4 years and<\/p>\n

11 months and 20 days<\/td>\n

2.5-3.2 m\u00b2<\/td>\nlack 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 toiletries, mouldy or dirty cell, no or restricted access to shower, overcrowding, passive smoking, poor quality of food, poor quality of potable water<\/td>\n7,500<\/td>\n<\/tr>\n
5.<\/td>\n38658\/22<\/p>\n

04\/07\/2022<\/td>\n

Volodymyr Eduardovych BOZHATKIN<\/strong><\/p>\n

1995<\/td>\n

Rybiy Sergiy Mykolayovych<\/p>\n

Dnipro<\/td>\n

Dnipro Detention Facility no. 4<\/p>\n

14\/11\/2019<\/p>\n

pending<\/p>\n

More than<\/p>\n

3 years and<\/p>\n

9 months and 23\u00a0days<\/td>\n

2.5 – 6.4 m\u00b2<\/td>\nlack of fresh air, passive smoking, mouldy or dirty cell, infestation of cell with insects\/rodents, lack of privacy for toilet, lack of or inadequate hygienic facilities, overcrowding, 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, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air<\/td>\n7,500<\/td>\n<\/tr>\n
6.<\/td>\n45377\/22<\/p>\n

29\/08\/2022<\/td>\n

Sergiy Olegovych AVRAMENKO<\/strong><\/p>\n

1991<\/td>\n

Sosyedko Maksym Oleksandrovych<\/p>\n

Kyiv<\/td>\n

Dnipro Detention Facility no. 4<\/p>\n

17\/06\/2019 to<\/p>\n

07\/03\/2023<\/p>\n

3 years and<\/p>\n

8 months and 19\u00a0days<\/td>\n

2.5 m\u00b2<\/td>\npoor quality of food, overcrowding, no or restricted access to warm water, lack of toiletries, mouldy or dirty cell, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, infestation of cell with insects\/rodents, passive smoking<\/td>\n7,500<\/td>\n<\/tr>\n
7.<\/td>\n57758\/22<\/p>\n

25\/11\/2022<\/td>\n

Illya Vitaliyovych MORGUNENKO<\/strong><\/p>\n

1997<\/td>\n

Sosyedko Maksym Oleksandrovych<\/p>\n

Kyiv<\/td>\n

Dnipro Detention Facility no. 4<\/p>\n

06\/03\/2017 to<\/p>\n

26\/07\/2022<\/p>\n

5 years and<\/p>\n

4 months and 21\u00a0days<\/td>\n

2.5 m\u00b2<\/td>\novercrowding, mouldy or dirty cell, lack of fresh air, poor quality of potable water, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, passive smoking, poor quality of food<\/td>\n7,500<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

[i]<\/a> Plus any tax that may be chargeable to the applicants.<\/p>\n