FIFTH SECTION
CASE OF LEGACHOV AND OTHERS v. UKRAINE
(Applications nos. 29773/23 and 7 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 Legachov 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 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 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 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.
APPLICATION OF ARTICLE 41 OF THE CONVENTION14. 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 applications admissible;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 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]
29773/23
25/07/2023
Oleksiy Anatoliyovych LEGACHOV
1990
Kulbach Sergiy Oleksandrovych
Limoges
Kyiv Pre-Trial Detention Facility
30/10/2020 to
11/10/2023
2 year(s) and
11 month(s) and
12 day(s)
2.6 m²
overcrowding, mouldy or dirty cell, lack of fresh air, poor quality of potable water, lack of or poor quality of bedding and bed linen, lack of toiletries, passive smoking, lack of or insufficient physical exercise in fresh air, lack of laundry services
6,700
-
37877/23
09/10/2023
Svyatoslav Yakovych GAVRYLOV
1984
Kyiv Pre-Trial Detention Facility
26/12/2018
pending
More than 5 year(s) and 11 month(s) and 9 day(s)
2.5-2.6 m²
overcrowding, mouldy or dirty cell, lack of fresh air, poor quality of potable water, lack of or poor quality of bedding and bed linen, lack of toiletries, passive smoking, lack of or insufficient physical exercise in fresh air, lack of laundry services
Art. 5 (3) - excessive length of pre-trial detention - 15/12/2018 - 07/02/2024, collective detention orders, fragility and repetitiveness of the reasoning employed by the courts as the case progressed, failure to conduct the proceedings diligently leading to excessive length of detention on remand (see Kharchenko v. Ukraine, no. 40107/02, §§ 77-81, 10 February 2011, Ignatov v. Ukraine, 40583/15, §§ 38‑42, 15 February 2016);
Art. 6 (1) - excessive length of criminal proceedings - 15/12/2018 - pending, 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
250
38202/23
04/10/2023
Vadym Romanovych OLENCHYK
1995
Kyiv Pre-Trial Detention Facility
03/10/2019
pending
More than 5 year(s) and 2 month(s) and 2 day(s)
2.5-5.8 m²
overcrowding, no or restricted access to shower, mouldy or dirty cell, lack of fresh air, lack of toiletries, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, poor quality of food, passive smoking, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, lack of or inadequate hygienic facilities, inadequate temperature
Art. 5 (3) - excessive length of pre-trial detention - 03/10/2019 - pending (see Kharchenko v. Ukraine, no. 40107/02, §§ 77‑81, 10 February 2011, Ignatov v. Ukraine, 40583/15, §§ 38‑42, 15 February 2016)
Art. 6 (1) - excessive length of criminal proceedings - 03/10/2019 - 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
40037/23
03/11/2023
Dilmukhammad Diykonovych MIRZAKHAMIDOV
1977
Kyiv Pre-Trial Detention Facility
30/09/2022 to
26/02/2024
1 year(s) and
4 month(s) and
28 day(s)
2.5-2.7 m²
overcrowding, no or restricted access to shower, mouldy or dirty cell, lack of fresh air, no or restricted access to potable water, 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, poor quality of food, lack of or insufficient quantity of food
3,800
-
40611/23
09/10/2023
Oleg Olegovych GRYNIV
1984
Kyiv Pre-Trial Detention Facility
17/12/2018
pending
More than 5 year(s) and 11 month(s) and 18 day(s)
2.5-2.6 m²
overcrowding, mouldy or dirty cell, lack of fresh air, poor quality of potable water, lack of or poor quality of bedding and bed linen, lack of toiletries, passive smoking, lack of or insufficient physical exercise in fresh air, lack of laundry services
Art. 5 (3) - excessive length of pre-trial detention - 15/12/2018 - 07/02/2024, collective detention orders, fragility and repetitiveness of the reasoning employed by the courts as the case progressed, failure to conduct the proceedings diligently leading to excessive length of detention on remand (see Kharchenko v. Ukraine, no. 40107/02, §§ 77-81, 10 February 2011, Ignatov v. Ukraine, 40583/15, §§ 38-42,
15 February 2016);
Art. 6 (1) - excessive length of criminal proceedings - 15/12/2018 - pending, 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
250
40976/23
17/11/2023
Grygoriy Volodymyrovych BULAVKA
1992
Kyiv Pre-Trial Detention Facility
15/02/2020 to
29/01/2024
3 year(s) and
11 month(s) and
15 day(s)
2.5-4.1 m²
overcrowding, no or restricted access to shower, 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, poor quality of food, lack of or insufficient quantity of food, no or restricted access to potable water
7,500
-
40981/23
09/10/2023
Mykola Petrovych KRASNIKOV
1962
Kyiv Pre-Trial Detention Facility
30/08/2018
pending
More than 6 year(s) and 3 month(s) and 5 day(s)
2.4-3.5 m²
overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of fresh air, poor quality of potable water, lack of or poor quality of bedding and bed linen, lack of toiletries, passive smoking, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, poor quality of food, lack of or insufficient quantity of food, no or restricted access to potable water
Art. 6 (1) - excessive length of criminal proceedings - 28/08/2018 - pending, 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
-
4626/24
24/01/2024
Mykola Eduardovych PEREDYELSKYY
1990
Kushnir Valeriy Volodymyrovych
Dnipro
Kyiv Pre-Trial Detention Facility
11/03/2019 to
03/04/2024
5 year(s) and
24 day(s)
2.5-4.1 m²
overcrowding, mouldy or dirty cell, no or restricted access to shower, lack of fresh air, poor quality of potable water, lack of or poor quality of bedding and bed linen, lack of toiletries, passive smoking, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient quantity of food
7,500
-
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.