FIFTH SECTION

CASE OF TSUKUR AND OTHERS v. UKRAINE

( Application s no s . 53132/18 and 2 others -

see appended list )

JUDGMENT

STRASBOURG

17 October 2019

This judgment is final but it may be subject to editorial revision.

In the case of Tsukur and Others v. Ukraine ,

The European Court of Human Rights ( Fifth Section ), sitting as a Committee composed of:

André Potocki , President, Ganna Yudkivska , Yonko Grozev , judges, and Liv Tigerstedt , Acting Deputy Section Registrar ,

Having deliberated in private on 26 September 2019 ,

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 applicant s and the relevant details of the applications are set out in the appended table.

4. The applicant s complained of the inadequate conditions of their detention and of the lack of any effective remedy in domestic law .

THE LAW

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

6. The applicant s 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, which read as follows:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Article 13

“Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority ...”

7. The Court notes that the applicant s were kept in detention in poor conditions. The details of the applicant s ’ 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, MurÅ¡ić 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 MurÅ¡ić , cited above, §§ 122 ‑ 141, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 149 ‑ 159, 10 January 2012).

8. In the leading case of Melnik v. Ukraine (no. 72286/01, 28 March 2006, for more recent case-law see Beketov v. Ukraine , no. 44436/09, 19 February 2019), the Court already found a violation in respect of issues similar to those in the present case.

9. 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 applicant s ’ conditions of detention were inadequate.

10. The Court further notes that the applicant s did not have at their disposal an effective remedy in respect of these complaints.

11. These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention.

12. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

13. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Melnik v. Ukraine, cited above), the Court considers it reasonable to award the sum s indicated in the appended table.

14. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT , UNANIMOUSLY,

(a) that the respondent State is to pay the applicant s , 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 17 October 2019 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt André Potocki

             Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 and Article 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

Date 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]

53132/18

02/11/2018

Mykola Volodymyrovych Tsukur

03/12/1978

Sergiy Mykolayovych Rybiy

Dnipro

Kyiv SIZO

11/03/2016 to

09/08/2018

2 years, 4 months and 30 days

2.5 m²

overcrowding, lack of fresh air, mouldy or dirty cell, lack of toiletries, lack of privacy for toilet, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to potable water, no or restricted access to shower

5,600

53181/18

05/11/2018

Borys Pavlovych Gulchuk

16/02/1993

Sergiy Mykolayovych Rybiy

Dnipro

Kyiv SIZO

21/06/2015 to

18/09/2018

3 years, 2 months and 29 days

2,6-3,5 m²

overcrowding, lack of fresh air, 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, poor quality of potable water, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower

7,100

59802/18

27/11/2018

Vadym Sergiyovych Koval

24/12/1991

Oleksandr Anatoliyovych Ignatov

Dnipro

Dnipropetrovsk detention facility No. 4

07/11/2014 to

26/11/2018

4 years and 20 days

3,1 m²

lack of fresh air, overcrowding, poor quality of food, no or restricted access to shower, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, lack of or inadequate hygienic facilities, lack of toiletries

8,600

[1] Plus any tax that may be chargeable to the applicants.