Published on 16 September 2024
FIFTH SECTION
Application no. 52652/20
Volodymyr Ivanovych ZAKUTNIY against Ukraine
and 7 other applications
(see list appended)
communicated on 26 August 2024
SUBJECT MATTER OF THE CASES
The applications concern effectiveness of the domestic compensatory remedy with regard to inadequate conditions of detention.
The applicants, who had been detained for various periods in allegedly inhuman and degrading conditions, lodged civil claims before national courts and, except for application no. 29177/21, were awarded compensation in respect of non-pecuniary damage, which they find insufficient. A short summary of each application is provided in the appendix.
Relying, explicitly or implicitly, on Articles 3 and 13 of the Convention, the applicants complain of the inadequate conditions of their detention and the lack of any effective domestic remedy in this respect.
QUESTIONS TO THE PARTIES
1. Did the material conditions of the applicants’ detention amount to inhuman or degrading treatment, in breach of Article 3 of the Convention (see Muršić v. Croatia [GC], no. 7334/13, 20 October 2016; Melnik v. Ukraine, no. 72286/01, 28 March 2006; Sukachov v. Ukraine, no. 14057/17, 30 January 2020)?
2. Was the remedy used by the applicants effective, in particular in the light of the Court’s case-law establishing the criteria for an adequate compensatory remedy, as required by Article 13 of the Convention (see Sukachov v. Ukraine, no. 14057/17, § 159, 30 January 2020)?
The Government are requested to provide relevant examples of domestic case-law and statistics as regards the use of this compensatory civil remedy, which could allow the Court to evaluate its availability and effectiveness in relation to the complaints about poor conditions of detention.
3. Did the applicants have at their disposal other effective domestic remedies for their complaints under Articles 3, as required by Article 13 of the Convention?
APPENDIX
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
Domestic award (in euros)
Final court decision
52652/20
20/10/2020
Volodymyr Ivanovych ZAKUTNIY
1977
Oleksandr Anatoliyovych Ignatov
Dnipro
Dnipro Detention Facility No. 4
14/06/2013 to
06/09/2014
1 year(s) and 2 month(s) and 24 day(s)
2.2 - 3.3 m²
overcrowding, lack of fresh air, passive smoking, no or restricted access to warm water, lack of toiletries, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower, infestation of cell with insects/rodents, mouldy or dirty cell
136
Supreme Court, 22/04/2020
3536/21
16/12/2020
Sergiy Oleksandrovych KYYKO
1980
Dnipro Detention Facility No. 4
18/05/2012 to
03/03/2015
2 year(s) and 9 month(s) and 14 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, no or restricted access to warm water, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of laundry services, poor quality of food, no or restricted access to shower, insufficient number of sleeping places
165
Supreme Court, 17/06/2020
21602/21
14/04/2021
Kostyantyn Oleksandrovych TKACHENKO
1976
Vitaliy Viktorovych Savko
Dnipro
Dnipro Detention Facility No. 4
10/02/2012 to
05/03/2016
4 year(s) and 25 day(s)
2.2 - 3.6 m²
overcrowding, lack of fresh air, passive smoking, no or restricted access to warm water, lack of toiletries, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower
150
Supreme Court, 10/02/2021
29177/21
25/05/2021
Yevgeniy Viktorovych ZHULAY
1988
Oleksandr Anatoliyovych Ignatov
Dnipro
Dnipro Detention Facility No. 4
18/04/2014 to
16/07/2016
2 year(s) and 2 month(s) and 29 day(s)
2.5 - 3.6 m²
overcrowding, lack of fresh air, passive smoking, no or restricted access to warm water, lack of toiletries, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower
0
Supreme Court, 25/11/2020
51690/22
15/09/2022
Yaroslav Petrovych GALANDZHOVSKYY
1987
Kateryna Yuriyivna Voronyuk
Rivne
Gorodyshche Detention Facility no. 96
13/03/2012 to
10/10/2020
8 year(s) and 6 month(s) and 28 day(s)
3.5 m²
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air
159
Supreme Court 07/06/2022
14635/23
06/03/2023
Oleksandr Teodosiyovych VOYTSOVYCH
1976
Gorodyshche Detention Facility no. 96
19/09/2010 to
02/10/2018
8 year(s) and 14 day(s)
4 m²
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air
130
Supreme Court, 07/12/2022
28207/23
30/06/2023
Oleksandr Mykhaylovych GAVRYLYUK
1973
Kateryna Yuriyivna Voronyuk
Rivne
Gorodyshche Detention Facility no. 96
06/10/2008 to
16/10/2018
10 year(s) and 11 day(s)
4 m²
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air
129
Supreme Court, 01/03/2023
12111/24
05/03/2024
Dmytro Ivanovych LEONTYEV
1986
Oleksandr Anatoliyovych Ignatov
Dnipro
Kyiv Detention Facility
29/06/2017 to
20/12/2017
5 month(s) and 22 day(s)
2.5 - 2.7 m²
overcrowding, lack of fresh air, passive smoking, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to running water, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to shower, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of requisite medical assistance, poor quality of food, lack of or insufficient physical exercise in fresh air
130
Kyiv Court of Appeal, 08/11/2023