FIFTH SECTION
CASE OF TEPLYAKOV AND OTHERS v. UKRAINE
(Applications nos. 53982/22 and 15 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 Teplyakov 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 during the periods indicated in the appended table and about the lack of an 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 during the periods indicated in the appended table 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 applications nos. 13467/24 and 13476/24 the applicants also raised other complaints under various Articles 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 applications 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 applications nos. 13467/24 and 13476/24 inadmissible;Holds that these complaints disclose a breach of Articles 3 and 13 of the Convention concerning the inadequate conditions of detention during the periods indicated in the appended table 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]
53982/22
07/10/2022
AND
42053/23
18/11/2023
Illya Dmytrovych TEPLYAKOV
2000
Khusayinov Roman Oleksandrovych
Dnipro
Dnipro Detention Facility no. 4
21/12/2020 to
08/06/2022
1 year(s) and
5 month(s) and
19 day(s)
2.8 m²
overcrowding, poor quality of potable water, no or restricted access to shower, passive smoking
Art. 5 (3) - excessive length of pre-trial detention –
from 19/12/2020 to 17/03/2022
and
from 27/02/2023 to 24/06/2024
2 year(s) and 6 month(s)
fragility and repetitiveness of the reasoning employed by the courts 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)
5,200
250
22901/23
16/05/2023
Viktor Oleksiyovych DEYSAN
1981
Pustyntsev Andriy Vitaliyovych
Dnipro
Zhytomyr Detention Facility no. 8
26/02/2021
pending
More than
3 year(s) and
9 month(s) and
9 day(s)
< 2.5 m²
overcrowding, lack of fresh air, passive smoking, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of toiletries, no or restricted access to shower, poor quality of food, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient quantity of food
7,500
-
22959/23
23/05/2023
Oleksandr Ivanovych ZHELEZNYAK
1970
Rybiy Sergiy Mykolayovych
Dnipro
Chernihiv Pre-Trial Detention Facility
06/10/2011 to
23/01/2023
11 year(s) and
3 month(s) and
18 day(s)
2.7 - 4 m²
inadequate temperature, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to shower, no or restricted access to warm water, overcrowding
7,500
-
34799/23
07/08/2023
Dmytro Yuriyovych TYMOSHENKO
1982
Kulbach Sergiy Oleksandrovych
Limoges
Solonyanska Detention Facility no. 21
21/09/2022 to
31/05/2023
8 month(s) and
11 day(s)
3.4 m²
overcrowding, passive smoking, mouldy or dirty cell
Art. 5 (3) - excessive length of pre-trial detention - 31/05/2020 - 06/09/2023, fragility and repetitiveness of the reasoning employed by the courts 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)
Art. 6 (1) - excessive length of criminal proceedings - 11/02/2020 - 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)
3,100
250
40460/23
28/10/2023
Valeriy Yuriyovych FRANK
1977
Savenko Maryna Andriyivna
Dnipro
Kropyvnytsky Pre-Trial Detention Facility
06/05/2017 to
08/02/2024
6 year(s) and
9 month(s) and
3 day(s)
2.2 m²
overcrowding, no or restricted access to warm water, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, poor quality of food, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to shower
Art. 6 (1) - excessive length of criminal proceedings - 03/05/2017 - 24/07/2024,
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
-
42497/23
02/12/2023
Ruslan Volodymyrovych CHEBOTAR
1979
Kulbach Sergiy Oleksandrovych
Limoges
Dnipro Detention Facility no. 4
20/07/2023
pending
More than
1 year(s) and
4 month(s) and
15 day(s)
3.6 m²
overcrowding, no or restricted access to shower, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of toiletries, 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 - 20/07/2023 - pending, fragility and repetitiveness of the reasoning employed by the courts 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);
Art. 6 (1) - excessive length of criminal proceedings - 13/12/2019 - 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)
5,000
250
272/24
18/12/2023
Valeriy Valeriyovych MERYNOV
1980
Kushnir Valeriy Oleksandrovych
Dnipro
Zaporizhzhia Pre-Trial Detention Facility
27/12/2021
pending
More than
2 year(s) and
11 month(s) and
8 day(s)
2.9 - 7.8 m²
overcrowding, no or restricted access to shower, mouldy or dirty cell, lack of toiletries, passive smoking, lack of or insufficient physical exercise in fresh air, poor quality of food
Art. 5 (3) - excessive length of pre-trial detention - 23/12/2021 - pending, fragility and repetitiveness of the reasoning employed by the courts
(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 - 23/12/2021 - 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)
8,700
250
5139/24
27/01/2024
Oleksandr Mykhaylovych GAVDAN
1978
Rybiy Sergiy Mykolayovych
Dnipro
Romny Detention Facility no. 56
04/05/2014
pending
More than
10 year(s) and
7 month(s) and
1 day(s)
3.8 m²
overcrowding, lack of fresh air, passive smoking, inadequate temperature, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to shower, lack of or insufficient quantity of food
7,500
-
12296/24
10/04/2024
Sergiy Anatoliyovych DAVYDOV
1968
Rybiy Sergiy Mykolayovych
Dnipro
Zamkova Detention Facility no. 58
05/04/2022
pending
More than
2 year(s) and
8 month(s)
3.7 m²
overcrowding, lack of fresh air, passive smoking, inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to shower, lack of or insufficient quantity of food, no or restricted access to potable water
6,100
-
13467/24
18/04/2024
Ruslan Vasylyovych TYMCHUK
1985
Rybiy Sergiy Mykolayovych
Dnipro
Novhorod-Siverskyy Detention Facility no. 31
11/01/2021 to
18/04/2024
3 year(s) and
3 month(s) and
8 day(s)
3.5 m²
overcrowding, inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of toiletries, mouldy or dirty cell, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower, passive smoking, infestation of cell with insects/rodents, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to warm water, poor quality of potable water
7,300
-
13476/24
18/04/2024
Denys Yuriyovych MELNYKOV
1981
Rybiy Sergiy Mykolayovych
Dnipro
Novhorod-Siverskyy Detention Facility no. 31
26/03/2016 to
18/04/2024
8 year(s) and 24 day(s)
3.5-4 m²
overcrowding, lack of fresh air, lack of toiletries, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to warm water, lack of or insufficient quantity of food, no or restricted access to potable water, passive smoking, infestation of cell with insects/rodents, mouldy or dirty cell, inadequate temperature, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, no or restricted access to shower
7,500
-
14278/24
18/04/2024
Volodymyr Oleksandrovych DRUGOV
1964
Rybiy Sergiy Mykolayovych
Dnipro
Novhorod-Siverskyy Detention Facility
no. 31
19/04/2012 to
18/04/2024
12 year(s)
3.3 m²
overcrowding, lack of fresh air, infestation of cell with insects/rodents, mouldy or dirty cell, lack of toiletries, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient quantity of food, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air, inadequate temperature, no or restricted access to shower, no or restricted access to warm water
7,500
-
14375/24
26/04/2024
Vasyl Volodymyrovych VOYEDILO
1977
Pustyntsev Andriy Vitaliyovych
Dnipro
Zhytomyr Detention Facility
17/03/2015 to
05/08/2024
9 year(s) and
4 month(s) and
20 day(s)
2.5 m²
overcrowding, lack of fresh air, passive smoking, infestation of cell with insects/rodents, mouldy or dirty cell, lack of privacy for toilet, no or restricted access to warm water, lack of toiletries, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower, lack of or insufficient electric light, lack of or insufficient natural light
Art. 6 (1) - excessive length of criminal proceedings - 16/03/2015 - 05/08/2024,
2 levels of jurisdiction
(see Nechay v. Ukraine,
no. 15360/10, 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
-
14379/24
26/04/2024
Vasyl Volodymyrovych PODUNAY
1988
Pustyntsev Andriy Vitaliyovych
Dnipro
Zhytomyr Detention Facility
17/03/2015 to
05/08/2024
9 year(s) and
4 month(s) and
20 day(s)
2.5 m²
overcrowding, lack of fresh air, passive smoking, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, lack of toiletries, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of or insufficient quantity of food, poor quality of food, no or restricted access to warm water, no or restricted access to shower
Art. 6 (1) - excessive length of criminal proceedings - 15/03/2015 - 05/08/2024,
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
14406/24
26/04/2024
Valentyn Anatoliyovych BOGATKO
1971
Pustyntsev Andriy Vitaliyovych
Dnipro
Zhytomyr Detention Facility
22/07/2022
pending
More than
2 year(s) and
4 month(s) and
13 day(s)
2.5-2.6 m²
overcrowding, lack of fresh air, passive smoking, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, lack of toiletries, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower, no or restricted access to warm water
5,600
-
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.