FOURTH SECTION
\nCASE OF BAKCHIZHOV v. UKRAINE
\n(Application no. 24874\/08)<\/p>\n
JUDGMENT
\nSTRASBOURG
\n30 October 2018<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Bakchizhov v. Ukraine,<\/strong><\/p>\n The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:<\/p>\n Faris Vehabovi\u0107, President, Having deliberated in private on 9 October 2018,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0The case originated in an application (no. 24874\/08) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by a Ukrainian national, Mr Aleksandr Viktorovich Bakchizhov (\u201cthe applicant\u201d), on 7 May 2008.<\/p>\n 2.\u00a0\u00a0The applicant, who had been granted legal aid, was represented by Mr\u00a0M.O.\u00a0Tarakhkalo, a lawyer practising in Kyiv. The Ukrainian Government (\u201cthe Government\u201d) were represented by their Agent, most recently Mr I. Lishchyna, of the Ministry of Justice.<\/p>\n 3.\u00a0\u00a0On 11 January 2011 notice of the application was given to the Government. On 9 October 2013 the Government were invited to comment on the applicant\u2019s complaints concerning hisalleged ill-treatment in prison, the poor conditions of his detention, his lack of adequate medical assistance and the absence of an effective remedy in this respect, as well as his complaints of forced labour in prison, monitoring of his correspondence by the prison administration and hindrance of his right of individual application.The remainder of the application was declared inadmissible pursuant to Rule 54 \u00a7 3 of the Rules of Court.<\/p>\n 4.\u00a0\u00a0The Government objected to the examination of the applications by a Committee. After having considered the Government\u2019s objection, the Court rejects it.<\/p>\n THE FACTS<\/strong><\/p>\n I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/p>\n 5.\u00a0\u00a0The applicant was born in 1969 and lives in Kyiv.<\/p>\n 6.\u00a0\u00a0On 22 January 2007 the first-instance court found the applicant guilty of inflicting bodily injuries on another individual and sentenced him to five\u00a0years\u2019 imprisonment.<\/p>\n 7.\u00a0\u00a0On 28 March 2007 and 23 October 2007 the Kyiv Regional Court of Appeal and the Supreme Court respectively upheld the applicant\u2019s conviction.<\/p>\n 8.\u00a0\u00a0From 13 April 2007 to 17 June 2011 the applicant had been serving his sentence in Boryspil Correctional Colony (\u201cthe prison\u201d).<\/p>\n 9.\u00a0\u00a0On 17 June 2011 he was released on probation.<\/p>\n A.\u00a0\u00a0Detention in the prison<\/strong><\/p>\n 1.\u00a0\u00a0The applicant\u2019s account<\/em><\/p>\n 10.\u00a0\u00a0In his initial submissions, the applicant stated that he had been detained in dirty cells with poor ventilation and insufficient heating in winter. Inmates suffering from HIV and tuberculosis were kept together with healthy prisoners. The food and water provided to him and other prisoners were unsatisfactory and hazardous to their health.<\/p>\n 11.\u00a0\u00a0In his reply to the Government\u2019s observations, the applicant also submitted that the cells had been overcrowded. Without specifying the periods of his detention in particular cells, he stated that he had been held in four cells, with the following characteristics:<\/p>\n – cell 1, measuring about 70 square metres and accommodating 50\u00a0prisoners;<\/p>\n – cell 2, measuring about 100-120 square metres and accommodating 85\u00a0prisoners;<\/p>\n – cell 3, measuring about 120-130 square metres and accommodating 110\u00a0prisoners;<\/p>\n – cell 4, measuring about 45 square metresand accommodating 35\u00a0prisoners.<\/p>\n 12.\u00a0\u00a0Prisoners were often subjected to ill-treatment by guards, which included arbitrary solitary confinement in disciplinary cells, verbal and physical abuse and threats. On many occasions during the daytime, while the prisoners were absent, searches were carried out in the applicant\u2019s cell, as a result of which the cell was left in a mess and some personal belongings and documents from the applicant\u2019s case file went missing. Some searches had been carried out at night. As a result, the applicant experienced fear and stress.<\/p>\n 13.\u00a0\u00a0No adequate medical assistance was provided to the applicant during his imprisonment. In particular, he did not undergo a thoroughmedical examination and no long-term strategy for his medical treatment was drawn up.He only received occasional and symptomatic treatment.<\/p>\n 14.\u00a0\u00a0Under the threat of disciplinary punishment, the applicant was forced to work overtime, often for twelve to fourteen hours per day and seven days per week.He did not receive adequate remuneration for the work done.<\/p>\n 15.\u00a0\u00a0The prison authorities screened all the applicant\u2019s correspondence, including letters to and from the Court, and selectively failed to send letters, or delayed sending or deliveringthem. For example, his letter of 23\u00a0February 2009 to the Court (which the Court, in fact, received in due time) was not sent by the prison administration and the Court\u2019s letter of 21\u00a0January 2011 was received by him a month after being dispatched by the Court. He therefore had to send some letters to the Court via friends who were at liberty. The applicant also submitted copies to the Court of letters he had received from it while in prison, one of which bore the prison stamp.<\/p>\n 16.\u00a0\u00a0According to the applicant, he brought the aforementioned matters to the attention of different authorities, including the prosecutor\u2019s office. However, those complaints were either not dispatched or were ignored.<\/p>\n 2.\u00a0\u00a0The Government\u2019s account<\/em><\/p>\n (a)\u00a0\u00a0Material conditions of detention<\/p>\n 17.\u00a0\u00a0The Government challenged the trustworthiness of part of the applicant\u2019s submissions concerning the conditions of his detention, specifically his allegations that he had been detained in cells with poor sanitary and hygiene conditions together with inmates suffering from tuberculosis. They contended in this respect that the applicant had failed to support the allegations with any evidence.<\/p>\n 18.\u00a0\u00a0The Government submitted that in accordance with domestic legislation, inmates suffering from tuberculosis were detained separately from other prisoners. The relevant medical tests were performed once a year to reveal those affected by this disease.<\/p>\n 19.\u00a0\u00a0The food and water were regularly checked and were of adequate quality. The heating functioned adequately and the temperature in the cell in winter was between 18oC and 20oC. The sanitary conditions were appropriate. In support of their account of the facts, the Government submitted:information notes concerning living conditions in the prison, issued by the prison governor in reply to a request from the Government;an extract from the applicant\u2019s detention card concerning the provision of bedding; and records of completed disinfection operations carried outin the prison in July and October 2011.<\/p>\n (b)\u00a0\u00a0Medical assistance<\/p>\n 20.\u00a0\u00a0The Government submitted that throughout the period of his detention in the prison the applicant had been provided with adequate treatment for different medical issues he had complained of and his health had generally remained stable.<\/p>\n 21.\u00a0\u00a0According to the summaryof the applicant\u2019s medical record submitted by the Government, upon arrival at the prison in April 2007 the applicant underwent a medical examination and was found to be healthy; he did not request medical assistance until March 2009.<\/p>\n 22.\u00a0\u00a0On 2March 2009 the applicant was diagnosed with acute exacerbation of chronic bronchitis and was provided with appropriate treatment.<\/p>\n 23.\u00a0\u00a0On 5 March and 5 April 2009 the applicant was diagnosed with lumbar radiculoneuritis and prescribed appropriate treatment (diclofenac and menovazin).<\/p>\n 24.\u00a0\u00a0On 23 September 2008 and 29 April 2009 the applicant was found to be suffering from dermatitis and prescribed appropriate treatment.<\/p>\n 25.\u00a0\u00a0On 12 May 2010 the applicant wasdiagnosed with possible hypertension and prescribed treatment.<\/p>\n (c)\u00a0\u00a0Other issues relating to the applicant\u2019s detention<\/p>\n 26.\u00a0\u00a0The Government could not provide any factual information about whether any force had been applied to the applicant by prison guards, or aboutthe searches conducted in his cell, because the time-limit for keeping the relevant documents had expired and the records had been destroyed. They further stated that the applicant\u2019s ill-treatment complaint was couched in very general terms and not supported by evidence.<\/p>\n 27.\u00a0\u00a0The Government challenged the trustworthiness of the applicant\u2019s submissions concerning his forced labour. They submitted that he had performed work that prisoners were normally required to perform under the relevant domestic legislation and had received remuneration accordingly. He had normally performed the tasks of a service worker (\u0433\u043e\u0441\u043f\u043e\u0434\u0430\u0440\u0447\u0430 \u043e\u0431\u0441\u043b\u0443\u0433\u0430). When he had refused job offers, he had assisted unpaid with different kinds of prison maintenance work, for no more than two hours a day.<\/p>\n 28.\u00a0\u00a0The Government provided no information as regards the applicant\u2019s allegation that his correspondence had been monitored by the prison administration. As regards the applicant\u2019s communication with the Court, they denied that all the letters sent to him had been opened. According to a certificate issued by the prison governor, to which the Government referred, the applicant had sent only one letter to the Court, on 3 December 2008, and had received no reply.<\/p>\n 29.\u00a0\u00a0Lastly, the Government contended that the applicant had made no complaints to the domestic authorities concerning the material conditions of his detention, his alleged ill-treatment and the poor medical assistance provided to him.<\/p>\n B.\u00a0\u00a0Alleged lack of access to the casefile<\/strong><\/p>\n 30.\u00a0\u00a0On 7 May 2008 the applicant lodged the present application with the Court.<\/p>\n 31.\u00a0\u00a0On a number of occasions before and after his application to the Court the applicant, at his request, was provided with copies of different documents from his casefile, including judgments of 22 January 2007 and 28\u00a0March 2007 in his criminal case, his indictment and appeals against his conviction.<\/p>\n 32.\u00a0\u00a0By letters of 8 and 15 September 2008 the Brovary Town Court, at which his case file was kept, informed the applicant, inter alia, that the casefile did not contain his cassation appeals or any replies from or judgments of the Supreme Court. The applicant\u2019s request for a copy of his entire criminal casefile was refused by the Brovary Town Court as having no basis in law.<\/p>\n 33.\u00a0\u00a0By a letter dated 14 January 2009, the Court invited the applicant to submit a copy of the judgment of the Supreme Court of 23 October 2007.Further to this letter, on 7 February 2009 the applicant submitted requests to the BrovaryTown Court and the Supreme Court, asking for a copy of their refusals to provide him with the judgment requested or a copy of his request with an acknowledgment of receipt.<\/p>\n 34.\u00a0\u00a0On 17 February 2009 the Brovary Town Court informed the applicant that the casefile did not contain any letters or judgments of the Supreme Court.<\/p>\n 35.\u00a0\u00a0On 9 April 2009 the applicant was provided with a copy of the Supreme Court\u2019s judgment in his criminal case and on 13 April 2009 he submitted it to the Court.<\/p>\n 36.\u00a0\u00a0On 12 September 2009, at his request, the applicant was familiarised with records relating to his detention in the prison.<\/p>\n 37.\u00a0\u00a0After his release from the prison on 17 June 2011, the applicant was given full access to his criminal case file.<\/p>\n THE LAW<\/strong><\/p>\n I.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION<\/p>\n 38.\u00a0\u00a0The applicant complained that he had been subjected to inhuman conditions of detention, had not been provided with adequate medical assistance and had been ill-treated by prison guards.<\/p>\n He relied on Article 3 of the Convention, which reads as follows:<\/p>\n \u201cNo one shall be subjected to torture or to inhuman or degrading treatment or punishment.\u201d<\/p>\n A.\u00a0\u00a0Admissibility<\/strong><\/p>\n 1.\u00a0\u00a0Alleged ill-treatment in prison<\/em><\/p>\n 39.\u00a0\u00a0At the outset, the Court considers that the applicant\u2019s complaint that he was subjected to ill-treatment in prison is unclear and lacking in detail.To the extent that it refers to some occasional physical treatment by prison guards, no details whatsoever aboutthe relevant events have been provided by the applicant and there is no evidence in the casefile of any force being exerted on him.<\/p>\n 40.\u00a0\u00a0In so far as the applicant may be understood to be complaining under this head about the stress he had suffered because of the searches conducted by prison guards (see paragraph12 above), the Court is of the opinion that his suffering as a result of the searches did not reach the requisite level of severity to amount to inhuman or degrading treatment.<\/p>\n 41.\u00a0\u00a0Furthermore, there is no evidence that some of the applicant\u2019s documents went missing after the searches, as alleged by him, and it does not appear that the applicant has raiseda complaint on that account before the domestic authorities. Finally, the applicant\u2019s allegation of a general negative attitude on the part of the prison administration towards prisoners is of a general character and unsupported by evidence.<\/p>\n 42.\u00a0\u00a0The Court therefore concludes that the applicant has not made out an arguable claim in the above respects. It dismisses this part of the application as manifestly ill\u2011founded in accordance with Article 35 \u00a7\u00a7 3 (a) and 4 of the Convention.<\/p>\n 2.\u00a0\u00a0Medical assistance<\/em><\/p>\n 43.\u00a0\u00a0The Court notes that the applicant\u2019s complaint of inadequate medical assistance in prison is also limited to general statements that he did not undergo a thorough medical examination,that no long-term strategy for his medical treatment was drawn upand that he was provided only with occasional and symptomatic treatment (see paragraph 13 above). Neither allegation is sufficient per se for the Court to reach the conclusion that Article 3 of the Convention has been breached. In particular, no evidence has been provided and no statement has been made that the applicant required a particular kind of treatment and that the authorities refused to take the necessary action in this regard, or that his state of health considerably deteriorated in detention (see,by contrast,Logvinenko v.\u00a0Ukraine, no. 13448\/07, \u00a7\u00a7 68-69, 14\u00a0October 2010, and Barilo v.\u00a0Ukraine, no.9607\/06, \u00a7\u00a7 69-71, 16 May 2013).<\/p>\n 44.\u00a0\u00a0On the contrary, it appears from the documents submitted by the Government, which the applicant did not challenge, that no particular health problems were established during the applicant\u2019s medical examination upon his arrival at the prison. It also appears that on several occasions the applicant applied to the medical unit with specific health problems, including back pain. Those complaints were dealt with by the authorities (see paragraphs 21 to 25 above). On the whole, nothing showsthat they dealt with them inadequately.<\/p>\n 45.\u00a0\u00a0Furthermore, there is no record whatever of any domestic complaints on the matter.<\/p>\n 46.\u00a0\u00a0In the absence of any concrete facts and details in support of the applicant\u2019s allegations, the Court finds that he has not sufficiently substantiated his complaints under Article 3 of the Convention as to the alleged inadequacy of the medical assistance provided in the prison (see, mutatis mutandis, Ustyantsev v. Ukraine, no. 3299\/05,\u00a0\u00a7\u00a7 63-65, 12 January 2012).<\/p>\n 47.\u00a0\u00a0It follows that this part of the application must be declared inadmissible as being manifestly ill-founded, pursuant to Article 35 \u00a7\u00a7 3\u00a0(a) and 4 of the Convention.<\/p>\n 3.\u00a0\u00a0Material conditions of detention<\/em><\/p>\n 48.\u00a0\u00a0The Government argued that this part of the applicant\u2019s complaint was inadmissible on the ground of non-exhaustion of domestic remedies. They contended that the applicant could have raised his complaint before the public prosecutor in charge of supervising the prison authorities\u2019 compliance with the law. Any decision taken by the prosecutor could also be challenged before the domestic courts.<\/p>\n 49.\u00a0\u00a0The Court notes that it has already dismissed objections by the Government of non-exhaustion of domestic remedies on a number of occasions, finding the remedy referred to by the Government ineffective, as it had not been shown that recourse to such a remedy could have brought about an improvement in the applicant\u2019s detention conditions (see, for a recent authority, Zakshevskiy v. Ukraine, no. 7193\/04, \u00a7\u00a7 57 and 59, 17\u00a0March 2016). The Court sees no reason to depart from that finding in the present case, and therefore considers that this part of the applicant\u2019s complaints cannot be rejected for failure to exhaust domestic remedies.<\/p>\n 50.\u00a0\u00a0The Court further notes that the applicant\u2019s complaint about the material conditions of his detention is not manifestly ill-founded within the meaning of Article 35 \u00a7 3 (a) of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n B.\u00a0\u00a0Merits<\/strong><\/p>\n 51.\u00a0\u00a0The Government submitted that the physical conditions of the applicant\u2019s detention in the prison had been in compliance with Article 3 of the Convention.<\/p>\n 52.\u00a0\u00a0The applicant\u2019s submissions regarding the conditions of his detention in the prison are set outin paragraphs 10 and 11above.<\/p>\n 53.\u00a0\u00a0The Court notes at the outset that the parties provided differing accounts of the conditions of the applicant\u2019s detention.<\/p>\n 54.\u00a0\u00a0It observes, however, that the Government did not dispute or comment in any way on the applicant\u2019s allegation concerning overcrowding in the prison cells.<\/p>\n 55.\u00a0\u00a0In that regard, the Court reiterates that an extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were \u201cdegrading\u201d from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Mur\u0161i\u0107 v. Croatia [GC], no. 7334\/13, \u00a7 104, 20 October 2016). In particular, when the personal space available to a detainee falls below 3\u00a0sq.\u00a0m of floor surface in multi-occupancy accommodation in prisons, the lack of personal space is considered so severe that a strong presumption of a violation of Article 3 arises. The burden of proof is on the respondent Government which could, however, rebut that presumption by demonstrating that there were factors capable of adequately compensating for the scarce allocation of personal space (ibid., \u00a7\u00a7 126-128 and 137).<\/p>\n 56.\u00a0\u00a0In the absence of any comments by the Government on this issue, the Court is inclined to accord weight to the applicant\u2019s factual submissions on the matter. It thus accepts that during the four years of his imprisonment he was held in cells that allowed him floor spacewell below the minimum standard of 3 square metres in multi-occupancy accommodation (see Mur\u0161i\u0107, cited above, \u00a7 110). Moreover, the Government have not presented materials or arguments capable of rebutting the strong presumption of violation of Article 3 arising in the present case. In particular, they did not show that there were factors capable of adequately compensating for such an extremely scarce allocation of personal space, if this was in any way possible.<\/p>\n 57.\u00a0\u00a0Having regard to the above considerations, the Court finds that the applicant\u2019sconditions of detention amounted to degrading treatment in breach of Article 3 of the Convention.<\/p>\n 58.\u00a0\u00a0In view of those findings, the Court does not find it necessary to address the applicant\u2019s allegation concerning aspects of the material conditions of his detention other than those linked to the overcrowding.<\/p>\n II.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 34 OF THE CONVENTION<\/p>\n 59.\u00a0\u00a0The applicant complained that he had not been able to obtain copies of documents for substantiation of his application. He also alleged that the authorities had hindered his communication with the Court.<\/p>\n The applicant relied on Article 34 of the Convention,which reads as follows:<\/p>\n \u201cThe Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.\u201d<\/p>\n A.\u00a0\u00a0The parties\u2019 submissions<\/strong><\/p>\n 60.\u00a0\u00a0The Government contested the applicant\u2019s allegations, arguing essentially that there had been no interference with his correspondence as he had sent only one letter to the Court, to which he had received no reply.<\/p>\n 61.\u00a0\u00a0They further argued that the domestic regulations did not in principle require the authorities to provide prisoners with photocopies of documents from their case files free of charge. Nevertheless, the applicant had eventually received copies of the documents he had requested from the authorities. At his request he had also been granted access to his detention records.<\/p>\n 62.\u00a0\u00a0Lastly, they submitted that the applicant\u2019s access to such documents had never been limited, in so far as copies of all documents he had wished to obtain could have been made at his request by his relatives with whom he maintained contact.<\/p>\n 63.\u00a0\u00a0In his initial submissions the applicant maintained that there had been delays in sending\/receiving correspondence to and from the Court. In particular, he alleged that his letter of 23 February 2009 to the Court had not been sent by the prison administration and that the Court\u2019s letter of 21\u00a0January 2011 had been received by him a month after being dispatched by the Court (see paragraph 15 above).<\/p>\n 64.\u00a0\u00a0In reply to the Government\u2019s observations, the applicant challenged the truthfulness of the Government\u2019s statements concerning the absence of communication between him and the Court, providing copies of the letters he had received from the Court while in prison. He further submitted that he had reasonable grounds to fear persecution on account ofhis complaints to the Court as his correspondence had been monitored by the prison administration. For this reason he had had to send some letters through his friends who were at liberty.<\/p>\n 65.\u00a0\u00a0He also alleged that his requests sent to the Supreme Court and the Brovary Town Court on 7 February 2009, in which he had asked for a copy of the Supreme Court\u2019s decision in the criminal proceedings against him (see paragraph 33 above), had remained unanswered.<\/p>\n B.\u00a0\u00a0The Court\u2019s assessment<\/strong><\/p>\n 66.\u00a0\u00a0The Court points out that the general principles regarding the obligation on a Contracting State not to hinder the right of individual petition, as guaranteed by Article 34 of the Convention, have been stated in a number of its previous judgments (see, for instance, Chaykovskiy v.\u00a0Ukraine, no. 2295\/06, \u00a7\u00a7 84-88, 15 October 2009).<\/p>\n 67.\u00a0\u00a0In so far as the applicant\u2019s complaint in the present case concerns his alleged inability to obtain copies of documents for his application, the Court notes at the outset that it is not clear from his submissions which documents he had unsuccessfully tried to obtaincopies of, and whether he had informed the authorities that he needed those documents for the proceedings before the Court. At the same time, it appears from the case file thathe was eventually provided with copies of procedural decisions in his criminal case, including the judgment of the Supreme Court of 23 October 2007, a copy of which was requested by the Court (see paragraph35 above). The latter decision was subsequently sent by the applicant to the Court. The applicant was also allowed access to the prison records relating to his detention (see paragraph 36 above). After his release from prison in 2011 he was granted full access to his criminal case file (see paragraph 37 above).<\/p>\n 68.\u00a0\u00a0As regards the applicant\u2019s allegations of hindrance of his communication with the Court, the Court observes that it appears from the applicant\u2019s own submissions that the Court\u2019s letters reached him in the prison. Even assuming that there was a delay in forwarding the Court\u2019s letter of 21 January 2011 to the applicant (see paragraph 63 above), the Court finds that this fact in itself constitutes an insufficient factual basis to conclude that the Ukrainian authorities deliberately hindered the applicant\u2019s correspondence with the Convention organs. It further observes that the applicant\u2019s letter dated 23 February 2009 did indeed reach the Court in good time (see paragraph 15 above).<\/p>\n 69.\u00a0\u00a0The Court cannot but note, however, that it finds it striking that no proper records of the applicant\u2019s correspondence appear to have been kept by the prison authorities.<\/p>\n 70.\u00a0\u00a0As to the applicant\u2019s allegations thathis letters to the Court were opened andthat this gave rise to a potential risk of his being persecuted by the prison authorities, the Court observes that hedid not set out those allegations in a detailed and substantiated manner, having failed to provide any evidence that he had actually been persecuted in any way for communicating with the Court.<\/p>\n 71.\u00a0\u00a0Accordingly, on the basis of the evidence before it, the Court finds that the respondent State has not failed to comply with its obligations under Article 34 of the Convention.<\/p>\n III.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLES 4, 8 AND 13 OF THE CONVENTION<\/p>\n 72.\u00a0\u00a0The applicant also relied on Articles 4 (prohibition of slavery and forced labour), 8 (right to respect for family and private life) and 13 (right to an effective remedy).<\/p>\n 73.\u00a0\u00a0Having regard to the facts of the case, the submissions of the parties and the above findings under Articles 3 and 34 of the Convention, the Court considers that the main legal questions in the present application have been determined. It holds, therefore, that there is no need to give a separate ruling on the admissibility and merits of the complaints mentioned in the paragraph above (see, for a similar approach, Varnava and Othersv. Turkey [GC], nos. 16064\/90 and 8 others, \u00a7\u00a7\u00a0210-11, ECHR 2009;Centre for Legal Resources on behalf of Valentin C\u00e2mpeanu v. Romania [GC], no.\u00a047848\/08, \u00a7\u00a0156, ECHR 2014, with further references; and Mocanu and Others v. theRepublic of Moldova, no.8141\/07, \u00a7 37, 26 June 2018).<\/p>\n IV.\u00a0\u00a0APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n 74.\u00a0\u00a0Article 41 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 A.\u00a0\u00a0Damage<\/strong><\/p>\n 75.\u00a0\u00a0The applicant claimed 40,000 euros (EUR) in respect of non\u2011pecuniary damage.<\/p>\n 76.\u00a0\u00a0The Government contested this claim.<\/p>\n 77.\u00a0\u00a0Ruling on an equitable basis, the Court awards the applicant EUR\u00a09,000 in respect of non-pecuniary damagesustained as a result ofthe violation of Article 3 of the Convention which it has found.<\/p>\n B.\u00a0\u00a0Costs and expenses<\/strong><\/p>\n 78.\u00a0\u00a0The applicant also claimed EUR 5,250for legal costs incurred before the Court,as well as EUR 420 and EUR 210 for administrative costs and postal expenses respectively.<\/p>\n 79.\u00a0\u00a0The Government contended that the amount of the legal fee claimed by the applicant was excessively high and that the remainder of the claim was not supported by evidence.<\/p>\n 80.\u00a0\u00a0According to the Court\u2019s case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and are reasonable as to quantum. In the present case, regard being had to the documents in its possession and the above criteria, the Court considers it reasonable to award the sum of EUR 4,400 (corresponding toEUR 5,250 less EUR 850, the sum paid by way of legal aid) for the proceedings before it. This award is to be paid into the bank account of the applicant\u2019s lawyer, Mr Tarakhkalo, as indicated by the applicant (see, mutatis mutandis, Khlaifia and Others v.\u00a0Italy [GC], no. 16483\/12, \u00a7 288 and point 12 (a) of the operative part, ECHR 2016 (extracts)). The Court rejects the remainder of the applicant\u2019s claim for costs and expenses.<\/p>\n C.\u00a0\u00a0Default interest<\/strong><\/p>\n 81.\u00a0\u00a0The Court 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,<\/p>\n 1.\u00a0\u00a0Declares the complaint under Article 3 of the Convention concerning the conditions of the applicant\u2019s detention admissible and the remainder of the complaints under this Article inadmissible;<\/p>\n 2.\u00a0\u00a0Holdsthat there has been a violation of Article 3 of the Convention on account of the conditions of the applicant\u2019s detention;<\/p>\n 3.\u00a0\u00a0Holdsthat Ukraine has not failed to comply with its obligations under Article 34 of the Convention;<\/p>\n 4.\u00a0\u00a0Holdsthat there is no need to examine the admissibility and merits of the complaints under Articles 4, 8 and 13 of the Convention;<\/p>\n 5.\u00a0\u00a0Holds<\/p>\n (a)\u00a0\u00a0that the respondent State is to pay, within three months, the following amounts,to be converted into the currency of the respondent State at the rate applicable at the date of settlement:<\/p>\n (i)\u00a0\u00a0EUR 9,000 (ninethousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be paid to the applicant;<\/p>\n (ii)\u00a0\u00a0EUR 4,400 (four thousand four hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses, to be paid into the bank account of the applicant\u2019s representative, Mr Mykhailo Tarakhkalo;<\/p>\n (b)\u00a0\u00a0that 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 6.\u00a0\u00a0Dismissesthe remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n Done in English, and notified in writing on 30 October 2018, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Andrea Tamietti\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Faris Vehabovi\u0107
\nCarlo Ranzoni,
\nP\u00e9ter Paczolay, judges,
\nand Andrea Tamietti, Deputy Section Registrar,<\/p>\n
\nDeputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n