Published on 4 November 2024
FIFTH SECTION
Application no. 30475/20
Aleksandr Ivanovich ZHUCHENKO against Ukraine
and 6 other applications
(see list appended)
communicated on 14 October 2024
SUBJECT MATTER OF THE CASES
The applications concern prison regimes of life prisoners, allegedly causing significant distress and denying them the possibility of rehabilitation.
The applicants, life prisoners detained in different facilities, complain under Articles 3 and 13 of the Convention of poor material conditions of their detention, severe social isolation, lack of access to any purposeful activities, such as work, education, sport, or recreation, and the absence of any effective domestic remedy in this respect. A short summary of each application is provided in the appendix.
QUESTIONS TO THE PARTIES
1. Did the conditions of the applicants’ detention amount to inhuman or degrading treatment, in breach of Article 3 of the Convention? In particular:
(a) Have the applicants been held in inadequate material conditions of detention 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)?
(b) Do the applicants, except for applications nos. 31650/20 and 34048/23, have an adequate level of human and social interaction (see Ivan Karpenko v. Ukraine, no. 45397/13, §§ 58-65, 16 December 2021)?
(c) Do the applicants, as indicated in the appendix, have access to purposeful activities, such as work, education, sports, or recreation, particularly with a view to their rehabilitation (see Murray v. the Netherlands [GC], no. 10511/10, §§ 101-104, 26 April 2016, and N.T. v. Russia, no. 14727/11, §§ 44-52, 2 June 2020)? Your Government are requested to specify the nature and the scope of the activities, along with the relevant legal framework, as well as any recent developments in domestic legislation and practice.
2. Did the applicants have an effective domestic remedy in respect of the above complaints, as required by Article 13 of the Convention? If so, have the applicants exhausted domestic remedies within the meaning of Article 35 § 1 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 regarding the material conditions and prison regime
30475/20
16/07/2020
Aleksandr Ivanovich ZHUCHENKO
1959
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
Zhytomyr Detention Facility No. 8
23/12/2001
pending
More than 22 year(s) and 8 month(s) and 22 day(s)
3.6 m²
Lack of fresh air, overcrowding, lack of privacy for toilet, stench of toilet, mouldy cell, insufficient natural light, inadequate outdoor exercise facilities, bunk beds, inadequate furniture, constant electric light, restricted access to warm water, poor quality of potable water, lack of laundry services, lack of toiletries, lack of cloth, poor quality of food, lack of requisite medical assistance
Lengthy confinement with the same person, lack of out-of-cell human and social interaction, lack of employment opportunities, insufficient physical exercise in fresh air, lack of prospects for transfer to multi-occupancy cell-type premises, ban on communication with other prisoners
31650/20
20/08/2020
Sergiy Anatoliyevych KLYMENKO
1976
Voronyuk Kateryna Yuriyivna
Rivne
Romny Detention Facility No. 56
24/04/2009
pending
More than 15 year(s) and 4 month(s) and 18 day(s)
3.4 m²
Lack of fresh air, overcrowding, lack of privacy for toilet, constant electric light, lack of toiletries, poor quality of food, stench of toilet, mouldy cell, insufficient natural light, inadequate outdoor exercise facilities, lack of adequate furniture, restricted access to warm water, restricted access to shower
Constant video surveillance, lack of employment opportunities, lack of engagement in any purposeful activities, insufficient physical exercise in fresh air
2537/21
06/01/2021
Vadim Viktorovich SOBKO
1979
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
Zhytomyr Detention Facility No. 8
20/08/2001
pending
More than 23 year(s) and 25 day(s)
3.6 m²
Lack of fresh air, overcrowding, lack of privacy for toilet, stench of toilet, mouldy cell, insufficient natural light, inadequate outdoor exercise facilities, bunk beds, inadequate furniture, constant electric light, restricted access to warm water, poor quality of potable water, lack of laundry services, lack of toiletries, lack of cloth, poor quality of food, lack of requisite medical assistance
Lengthy confinement with the same person, lack of out-of-cell human and social interaction, lack of employment opportunities, insufficient physical exercise in fresh air, lack of prospects for transfer to multi-occupancy cell-type premises, ban on communication with other prisoners
30494/22
20/06/2022
Igor Alekseyevich LUNEV
1975
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
Zhytomyr Detention Facility No. 8
20/01/2002
pending
More than 22 year(s) and 7 month(s) and 25 day(s)
3.6 m²
Lack of fresh air, overcrowding, lack of privacy for toilet, stench of toilet, mouldy cell, insufficient natural light, inadequate outdoor exercise facilities, bunk beds, inadequate furniture, constant electric light, restricted access to warm water, poor quality of potable water, lack of laundry services, lack of toiletries, lack of cloth, poor quality of food, lack of requisite medical assistance, inadequate temperature, loud noise
Lengthy confinement with the same person, lack of out-of-cell human and social interaction, lack of employment opportunities, insufficient physical exercise in fresh air, lack of prospects for transfer to multi-occupancy cell-type premises, ban on communication with other prisoners
13832/23
06/03/2023
Oleksandr Oleksandrovych NIKOLAYENKO
1982
Chernihiv Pre-Trial Detention Facility
29/07/2022 to
08/11/2022
3 month(s) and 11 day(s)
3 m²
Lack of fresh air, overcrowding, lack of privacy for toilet, lack of toiletries, lack of cloth, poor quality of food, stench of toilet, mouldy cell, insufficient natural light, inadequate outdoor exercise facilities, restricted access to shower, inadequate toilet facilities, lack or inadequate laundry services, insufficient electric light
Lack of employment opportunities, lack of engagement in any purposeful activity, insufficient physical exercise in fresh air, lengthy confinement with the same person, lack of contacts with other detainees, unreasonable restrictions on visits
34048/23
02/08/2023
Sergiy Anatoliyovych SAFRONOV
1978
Romny Detention Facility No. 56
04/07/2005
pending
More than 19 year(s) and 2 month(s) and 9 day(s)
7 m²
Lack of privacy for toilet, stench of toilet, mouldy cell
Lack of employment opportunities
13049/24
30/04/2024
Oleksiy Yuriyovych NOSIK
1980
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
Vinnytsya Detention Facility No. 1
17/07/2002
pending
More than 22 year(s) and 1 month(s) and 27 day(s)
3.5 m²
Lack of fresh air, overcrowding, lack of privacy for toilet, stench of toilet, mouldy cell, insufficient natural light, inadequate outdoor exercise facilities, restricted access to shower, insufficient electric light, bunk beds, inadequate furniture, restricted access to warm water, poor quality of food
Lengthy confinement with the same person, lack of out-of-cell human and social interaction, lack of employment opportunities, insufficient physical exercise in fresh air, unreasonable restrictions on visits, lack of prospects for transfer to multi-occupancy cell-type premises, ban on communication with other prisoners