I incorrectly predicted that there's no violation of human rights in KATONA v. SLOVAKIA.

Judgment

FIFTH SECTION
CASE OF IVANCHIKOV AND OTHERS v. UKRAINE
(Applications nos. 34046/23 and 5 others –
see appended list)

JUDGMENT

STRASBOURG
28 November 2024

This judgment is final but it may be subject to editorial revision. In the case of Ivanchikov 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 7 November 2004,
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
4. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. 5. 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. In particular, the Court observes that, in reply to a prima facie case of inadequate conditions of detention, complained of by the applicants, the Government have failed to provide any 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). 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. 11. 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,
(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 28 November 2024, 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
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
34046/23
02/09/2023
Ivan Ivanovych IVANCHIKOV
1997

Kulbach Sergiy Oleksandrovych
Limoges
Chernihiv Pre-Trial Detention Facility
25/03/2021 to
03/05/2023
2 year(s) and
1 month(s) and
9 day(s)
2.6-2.7 m2
overcrowding, no or restricted access to shower, 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, poor quality of food, lack of or insufficient quantity of food
5,200
35207/23
10/09/2023
Mykola Stepanovych KOBYLINSKYY
1976

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
13/08/2019
pending
More than
5 year(s) and
1 month(s) and
27 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 or insufficient quantity of food, poor quality of food, no or restricted access to shower
7,500
35262/23
10/09/2023
Eduard Volodymyrovych ZMITROCHENKO
1976

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
29/09/2020 to
27/12/2023
3 year(s) and
2 month(s) and
29 day(s)
3 m2
overcrowding, passive smoking, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower
7,100
35265/23
10/09/2023
Radion Mykolayovych KASHPUR
2004

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
06/02/2020
pending
More than
4 year(s) and
8 month(s) and
4 day(s)
3.5 m2
overcrowding, passive smoking, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower
7,500
35466/23
10/09/2023
Artur Andriyovych LEBEDYEV
1998

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
11/02/2022
pending
More than
2 year(s) and
7 month(s) and
22 day(s)
3.5 m2
overcrowding, passive smoking, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower, lack of or insufficient natural light
6,100
35471/23
10/09/2023
Volodymyr Andriyovych LEBEDYEV
2005

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
16/09/2022
pending
More than
2 year(s) and
17 day(s)
3.65 m2
overcrowding, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, poor quality of food, passive smoking
5,000

[1] Plus any tax that may be chargeable to the applicants. FIFTH SECTION
CASE OF IVANCHIKOV AND OTHERS v. UKRAINE
(Applications nos. 34046/23 and 5 others –
see appended list)

JUDGMENT

STRASBOURG
28 November 2024

This judgment is final but it may be subject to editorial revision. In the case of Ivanchikov 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 7 November 2004,
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
4. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. 5. 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. In particular, the Court observes that, in reply to a prima facie case of inadequate conditions of detention, complained of by the applicants, the Government have failed to provide any 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). 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. 11. 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,
(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 28 November 2024, 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
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
34046/23
02/09/2023
Ivan Ivanovych IVANCHIKOV
1997

Kulbach Sergiy Oleksandrovych
Limoges
Chernihiv Pre-Trial Detention Facility
25/03/2021 to
03/05/2023
2 year(s) and
1 month(s) and
9 day(s)
2.6-2.7 m2
overcrowding, no or restricted access to shower, 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, poor quality of food, lack of or insufficient quantity of food
5,200
35207/23
10/09/2023
Mykola Stepanovych KOBYLINSKYY
1976

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
13/08/2019
pending
More than
5 year(s) and
1 month(s) and
27 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 or insufficient quantity of food, poor quality of food, no or restricted access to shower
7,500
35262/23
10/09/2023
Eduard Volodymyrovych ZMITROCHENKO
1976

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
29/09/2020 to
27/12/2023
3 year(s) and
2 month(s) and
29 day(s)
3 m2
overcrowding, passive smoking, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower
7,100
35265/23
10/09/2023
Radion Mykolayovych KASHPUR
2004

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
06/02/2020
pending
More than
4 year(s) and
8 month(s) and
4 day(s)
3.5 m2
overcrowding, passive smoking, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower
7,500
35466/23
10/09/2023
Artur Andriyovych LEBEDYEV
1998

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
11/02/2022
pending
More than
2 year(s) and
7 month(s) and
22 day(s)
3.5 m2
overcrowding, passive smoking, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower, lack of or insufficient natural light
6,100
35471/23
10/09/2023
Volodymyr Andriyovych LEBEDYEV
2005

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
16/09/2022
pending
More than
2 year(s) and
17 day(s)
3.65 m2
overcrowding, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, poor quality of food, passive smoking
5,000

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 and costs and expenses per applicant
(in euros)[1]
34046/23
02/09/2023
Ivan Ivanovych IVANCHIKOV
1997

Kulbach Sergiy Oleksandrovych
Limoges
Chernihiv Pre-Trial Detention Facility
25/03/2021 to
03/05/2023
2 year(s) and
1 month(s) and
9 day(s)
2.6-2.7 m2
overcrowding, no or restricted access to shower, 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, poor quality of food, lack of or insufficient quantity of food
5,200
35207/23
10/09/2023
Mykola Stepanovych KOBYLINSKYY
1976

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
13/08/2019
pending
More than
5 year(s) and
1 month(s) and
27 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 or insufficient quantity of food, poor quality of food, no or restricted access to shower
7,500
35262/23
10/09/2023
Eduard Volodymyrovych ZMITROCHENKO
1976

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
29/09/2020 to
27/12/2023
3 year(s) and
2 month(s) and
29 day(s)
3 m2
overcrowding, passive smoking, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower
7,100
35265/23
10/09/2023
Radion Mykolayovych KASHPUR
2004

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
06/02/2020
pending
More than
4 year(s) and
8 month(s) and
4 day(s)
3.5 m2
overcrowding, passive smoking, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower
7,500
35466/23
10/09/2023
Artur Andriyovych LEBEDYEV
1998

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
11/02/2022
pending
More than
2 year(s) and
7 month(s) and
22 day(s)
3.5 m2
overcrowding, passive smoking, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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, poor quality of food, lack of or insufficient quantity of food, no or restricted access to shower, lack of or insufficient natural light
6,100
35471/23
10/09/2023
Volodymyr Andriyovych LEBEDYEV
2005

Pustyntsev Andriy Vitaliyovych
Dnipro
Chernihiv Pre-Trial Detention Facility
16/09/2022
pending
More than
2 year(s) and
17 day(s)
3.65 m2
overcrowding, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, poor quality of food, passive smoking
5,000
[1] Plus any tax that may be chargeable to the applicants.