FIFTH SECTION
CASE OF VASYLENKO AND OTHERS v. UKRAINE
(Application no. 3938/23 and 2 others –
see appended list)
JUDGMENT
STRASBOURG
6 June 2024
This judgment is final but it may be subject to editorial revision.
In the case of Vasylenko and Others v. Ukraine,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
Carlo Ranzoni, President,
Mārtiņš Mits,
María Elósegui, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 16 May 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.
THE LAW
JOINDER OF THE APPLICATIONS4. 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 CONVENTION5. The applicants complained 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.
6. 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).
7. 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.
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’ conditions of detention were inadequate.
9. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints.
10. These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION11. 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(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 6 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Carlo Ranzoni
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
Amount awarded for pecuniary and non-pecuniary damage per applicant
(in euros)[1]
3938/23
05/12/2022
Sergiy Vasylyovych VASYLENKO
1982
Romny Detention Facility no. 56
28/08/2004 to
17/03/2023
18 year(s) and
6 month(s) and
18 day(s)
3.25 m²
constant electric light, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to shower, overcrowding
7,500
34556/23
01/09/2023
Sergiy Viktorovych BEZUGLYY
1977
Yolkin Andriy Valeriyovych
Kryvyy Rig
Kyiv detention facility
04/09/2021 to
04/07/2023
1 year(s) and
10 month(s) and
1 day(s)
2.5 - 3 m²
overcrowding, lack of privacy for toilet, mouldy or dirty cell, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of fresh air, poor quality of food, infestation of cell with insects/rodents
4,700
35271/23
11/09/2023
Bogdan Volodymyrovych KONSEVYCH
1981
Pustyntsev Andriy Vitaliyovych
Dnipro
Zhytomyr Detention Facility no. 8
03/06/2019
pending
More than 4 year(s) and 4 month(s) and 3 day(s)
2.5-3.1 m²
overcrowding, mouldy or dirty cell, lack of toiletries, infestation of cell with insects/rodents, inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to shower, poor quality of food, lack of or insufficient quantity of food, lack of or insufficient natural light, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of privacy for toilet, passive smoking
7,500
[1] Plus any tax that may be chargeable to the applicants.