FIFTH SECTION
CASE OF ANTONYUK AND OTHERS v. UKRAINE
(Applications nos. 54812/22 and 13 others –
see appended list)
JUDGMENT
STRASBOURG
28 November 2024
This judgment is final but it may be subject to editorial revision.
In the case of Antonyuk 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 7 November 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 APPLICATIONS5. 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 CONVENTION6. The applicants complained principally 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. 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 further observes in the present case that, in reply to a prima facie complaint of inadequate conditions of detention, no primary evidence showing cell floor plans and the actual number of inmates during the entire period of the applicants’ detention have been provided (see Ananyev and Others, cited above, § 123, and Sparysh and Kutsmand v. Ukraine [Committee], nos. 49709/18 and 49870/18, 12 September 2024). Moreover, on numerous occasions, the Court has found violations in regard of overcrowding in Kyiv Pre-Trial Detention Facility (see, for example, Chupryna and Others v. Ukraine [Committee], no. 22896/22 and 4 others, 25 April 2024; and Brygynets and Others v. Ukraine [Committee], no. 17492/23 and 2 others, 16 May 2024).
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.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW13. 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 COMPLAINTS14. In application no. 37306/23, the applicant also raised other complaints under Articles 6 and 13 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 application must be rejected in accordance with Article 35 § 4 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION16. 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 application no. 37306/23 inadmissible;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 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 28 November 2024, 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]
54812/22
23/11/2022
Sergiy Sergiyovych ANTONYUK
1981
Kulbach Sergiy Oleksandrovych
Limoges
Kyiv Pre-Trial Detention Facility
08/04/2020
pending
More than
4 year(s) and
4 month(s) and
29 day(s)
2.5-2.9 m²
Overcrowding, passive smoking, poor quality of food, mouldy or dirty cell, lack of toiletries, poor quality of potable water, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or poor quality of bedding and bed linen
Art. 5 (3) - excessive length of pre-trial detention - 08/04/2020 - 06/03/2023, fragility of the reasons employed by the court (see Kharchenko v. Ukraine, no. 40107/02, §§ 77-81, 10 February 2011, Ignatov v. Ukraine, 40583/15, §§ 38-42, 15 December 2016)
9,800
250
57760/22
23/11/2022
Oleksandr Volodymyrovych LINYOV
1981
Kulbach Sergiy Oleksandrovych
Limoges
Kyiv Pre-Trial Detention Facility
08/04/2020
pending
More than
4 year(s) and
4 month(s) and
29 day(s)
2.1-2.9 m²
Overcrowding, mouldy or dirty cell, poor quality of potable water, lack of or poor quality of bedding and bed linen, lack of toiletries, lack of or insufficient physical exercise in fresh air, passive smoking, poor quality of food
Art. 5 (3) - excessive length of pre-trial detention - 08/04/2020 - 06/03/2023, fragility of the reasons employed by the court (see Kharchenko v. Ukraine, no. 40107/02, §§ 77-81, 10 February 2011, Ignatov v. Ukraine, 40583/15, §§ 38-42, 15 December 2016)
9,800
250
1516/23
06/12/2022
Valentyn Volodymyrovych GLUSHCHENKO
1988
Kulbach Sergiy Oleksandrovych
Limoges
Kyiv Pre-Trial Detention Facility
02/07/2019 to
17/05/2023
3 year(s) and 10 months and 16 day(s)
2.5-4.3 m²
Overcrowding, passive smoking, poor quality of potable water, no or restricted access to shower, lack of fresh air, lack of or insufficient physical exercise in fresh air
7,500
250
6112/23
05/12/2022
Andriy Mykolayovych POLYAKOV
1994
Kulbach Sergiy Oleksandrovych
Limoges
Kyiv Pre-Trial Detention Facility
02/07/2019 to
05/06/2023
3 year(s) and 11 months and 4 day(s)
2.5 m²
Overcrowding, lack of or inadequate hygienic facilities, lack of fresh air, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air
7,500
250
17565/23
30/03/2023
Igor Sergiyovych KARPUS
1994
Kulbach Sergiy Oleksandrovych
Limoges
Kyiv Pre-Trial Detention Facility
23/07/2021
pending
More than
3 year(s) and
2 month(s) and
1 day(s)
2.5-2.7 m²
Lack 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, mouldy or dirty cell, overcrowding, passive smoking, poor quality of food, poor quality of potable water
Art. 5 (3) - excessive length of pre-trial detention - 22/07/2021 - 30/10/2023, failure to conduct the proceedings with due diligence during the period of detention, fragility and repetitiveness of the reasoning employed by the court (see Kharchenko v. Ukraine, no. 40107/02, §§ 77-81, 10 February 2011, Ignatov v. Ukraine, 40583/15, §§ 38-42, 15 December 2016)
9,300
250
20612/23
15/05/2023
Igor Georgiyovych GURGENASHVILI
1985
Kulbach Sergiy Oleksandrovych
Limoges
Kyiv Pre-Trial Detention Facility
14/01/2022 to
24/02/2023
1 year(s) and
1 month(s) and
11 day(s)
2.5-2.7 m²
Overcrowding, no or restricted access to shower, lack of or inadequate hygienic facilities, 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, passive smoking, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, lack of privacy for toilet
3,400
250
25061/23
09/05/2023
Yevgen Viktorovych PRODANCHUK
1976
Kulbach Sergiy Oleksandrovych
Limoges
Kyiv Pre-Trial Detention Facility
23/05/2022
pending
More than
2 year(s) and
4 month(s) and
8 day(s)
2.5-3 m²
Overcrowding, passive smoking, lack of fresh air, mouldy or dirty cell, lack of privacy for toilet, lack of toiletries, lack of or poor quality of bedding and bed linen, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, poor quality of potable water
Art. 5 (3) - excessive length of pre-trial detention - 23/05/2022 – pending; failure to conduct the proceedings with due diligence during the period of detention, fragility and repetitiveness of the reasoning employed by the court, 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)
7,300
250
26752/23
19/06/2023
Eduard Valeriyovych ALEKSANDROV
1977
Yolkin Andriy Valeriyovych
Kryvyy Rig
Kyiv Pre-Trial Detention Facility
05/09/2016 to
21/02/2023
6 year(s) and
5 month(s) and
17 day(s)
2.5-2.8 m²
Overcrowding, mouldy or dirty cell, lack of fresh air, passive smoking, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of potable water, no or restricted access to warm water, no or restricted access to running water, no or restricted access to shower, lack of toiletries, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient quantity of food, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air
7,500
250
29680/23
25/07/2023
Vasyl Petrovych OCHKALENKO
1982
Kulbach Sergiy Oleksandrovych
Limoges
Kyiv Pre-Trial Detention Facility
21/12/2020 to
13/12/2023
2 year(s) and
11 month(s) and
23 day(s)
2.5-2.7 m²
Overcrowding, 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, lack of or insufficient quantity of food, lack of privacy for toilet
6,700
250
37306/23
25/09/2023
Sergiy Valeriyovych PAVLENKO
1975
Yolkin Andriy Valeriyovych
Kryvyy Rig
Kyiv Pre-Trial Detention Facility
15/10/2019 to
15/08/2023
3 year(s) and
10 months and
1 day(s)
2.5-3.2 m²
Overcrowding, mouldy or dirty cell, lack of fresh air, passive smoking, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of potable water, no or restricted access to potable water, no or restricted access to warm water, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of toiletries, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of requisite medical assistance, poor quality of food, lack of or insufficient quantity of food, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to running water
7,500
250
37646/23
25/09/2023
Sergiy Volodymyrovych NOVIKOV
1970
Yolkin Andriy Valeriyovych
Kryvyy Rig
Kyiv Pre-Trial Detention Facility
05/08/2019
pending
More than
5 year(s) and
1 month(s) and
26 day(s)
2.5-3.5 m²
Overcrowding, lack of fresh air, 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, infestation of cell with insects/rodents, lack of requisite medical assistance, mouldy or dirty cell, passive smoking, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of potable water, no or restricted access to running water, no or restricted access to shower, lack of toiletries, poor quality of food, lack of or insufficient quantity of food, lack of or insufficient physical exercise in fresh air
Art. 6 (1) - excessive length of criminal proceedings - from 13/04/2019 - pending before 1 instance (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
250
38036/23
30/09/2023
Oleksiy Grygorovych GORDIYENKO
1981
Yolkin Andriy Valeriyovych
Kryvyy Rig
Kyiv Pre-Trial Detention Facility
23/03/2020 to
15/06/2023
3 year(s) and
2 month(s) and
24 day(s)
2.5-3.6 m²
Overcrowding, mouldy or dirty cell, lack of fresh air, passive smoking, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of potable water, no or restricted access to running water, no or restricted access to potable water, no or restricted access to shower, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of toiletries, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient quantity of food, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet
7,100
250
4075/24
22/01/2024
Alyona Leonidivna NIKOLASHVILI
1988
Yolkin Andriy Valeriyovych
Kryvyy Rig
Kyiv Pre-Trial Detention Facility
11/10/2019 to
30/04/2024
4 year(s) and
6 month(s) and
20 day(s)
2.5-2.7 m²
Overcrowding, lack of fresh air, lack of privacy for toilet, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to running water, poor quality of potable water, no or restricted access to shower, lack of toiletries, infestation of cell with insects/rodents, lack of requisite medical assistance, poor quality of food, lack of or insufficient quantity of food, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities
Art. 6 (1) - excessive length of criminal proceedings - 17/11/2015 - 07/08/2024, 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
250
4625/24
24/01/2024
Anatoliy Vasylyovych DMYTRENKO
1982
Kushnir Valeriy Volodymyrovych
Dnipro
Kyiv Pre-Trial Detention Facility
19/08/2019
pending
More than
4 year(s) and
6 month(s) and
4 day(s)
2.5-3.5 m²
overcrowding, 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 inadequate hygienic facilities, 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 - 29/07/2019 - pending, fragility of the reasons employed by the courts, use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice (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 - 29/07/2019-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).
9,800
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.