FIFTH SECTION      CASE OF ZAKSHEVSKIY v. UKRAINE (Application no. 7193/04)          JUDGMENT  STRASBOURG 17 March 2016  FINAL 17/06/2016 This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.In the case of Zakshevskiy v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of: Angelika Nußberger, President, Ganna Yudkivska, Erik Møse, Faris Vehabović, Yonko Grozev, Síofra O’Leary, Mārtiņš Mits, judges,and Claudia Westerdiek, Section Registrar,Having deliberated in private on 2 February 2016,Delivers the following judgment, which was adopted on that date:PROCEDURE1. The case originated in an application (no. 7193/04) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Ukrainian national, Mr Vladimir Vladimirovich Zakshevskiy (“the applicant”), on 9 February 2004.2. The applicant, who had been granted legal aid, was represented by Mr M.O. Tarakhkalo, a lawyer practising in Kharkiv. The Ukrainian Government (“the Government”) were represented by their Agent, most recently Mr B. Babin, from the Ministry of Justice.3. The applicant complained that the conditions of his detention had been poor, that handcuffs had been used whenever he was taken out of his cell, that no effective procedure had been available to him to challenge the lawfulness of his pre-trial detention, and that his rights of defence had been violated.4. On 14 February 2011 the application was communicated to the Government.THE FACTSI. THE CIRCUMSTANCES OF THE CASE5. The applicant was born in 1972 and is currently serving a sentence in prison no. 100.A. Criminal proceedings and the applicant’s detention6. On 1 April 2000 criminal proceedings were instituted in Donetsk in connection with a robbery committed in Dzerzhinsk.7. On 2 June 2000 criminal proceedings were instituted in Kharkiv in connection with a robbery committed on the Kharkiv-Dnipropetrovsk-Simferopol road.8. On 9 August 2001 criminal proceedings were instituted in Yevpatoriya in connection with a murder and attempted murder committed in the course of an armed robbery (“the murder proceedings”).9. On 30 October 2001 the Chervonodzerzhynskiy District Court (“the District Court”) granted the prosecutor’s request to put the applicant, a former police officer, on remand as a suspect in the criminal proceedings concerning the robbery on the Kharkiv-Dnipropetrovsk-Simferopol road. The District Court held that, as the applicant was suspected of having committed a serious crime and had absconded during the investigation, his detention was necessary to prevent him from reoffending. The court also noted that the applicant’s personality was to be taken into consideration, without giving any further details. On the same date, the applicant’s name was put on a wanted list.10. On 11 November 2001 the applicant was arrested in accordance with the District Court decision of 30 October 2001. He submitted that he had presented himself to the police voluntarily once he had become aware that he was wanted. On the same day, he drafted a “statement of voluntary surrender” (явка з повинною) in which he confessed to committing, as part of a criminal group, a number of armed robberies on the Kharkiv-Dnipropetrovsk-Simferopol road, as well as one in the town of Yevpatoriya. He stated that, in the course of the latter, he had used a firearm against the victim. The applicant also provided more details in writing about the above crimes and his acquaintance with his accomplices and informed the police about two other armed robberies which he and his accomplices had committed in the town of Dzerzhynsk, as well as about other crimes of which he was aware.11. On 12 November 2001 the applicant was charged with armed robbery and questioned. Before being questioned he was informed of his procedural rights but signed a waiver of his right to legal assistance. He made similar statements to those given to the police the day before, including about the shooting incident in Yevpatoriya. On the same day, he familiarised himself with the decision of 30 October 2001, against which he was entitled to appeal. He did not appeal against the decision.12. On 13 November 2001, in the absence of a lawyer, the applicant was questioned in the context of the robbery proceedings. The Government submitted – and this is not contested by the applicant – that the applicant again waived his right to a lawyer, having once again been informed of his rights. During the questioning, the applicant, apart from giving information on the robberies, reiterated his statements regarding the shooting which had occurred in Yevpatoriya. He was further questioned in that regard.13. On 21 November 2001 a lawyer, D., was appointed to represent the applicant. On the same day, in the absence of a lawyer, the applicant was questioned as a suspect in the murder proceedings. He admitted to shooting a victim in the course of the armed robbery but denied that he had done so intentionally.14. On 22 November 2001, in the presence of his lawyer, the applicant was charged with murder and attempted murder, and questioned as an accused. He admitted his guilt in respect of the armed robbery but denied the murder charges. A reconstruction of the crime scene was carried out.15. On 12 December 2001 the applicant was charged with armed robbery causing grievous bodily harm. He waived his right to a lawyer during questioning.16. On 13 December 2001 the applicant was charged with premeditated armed robbery as part of a criminal group. He again waived his right to a lawyer.17. On 4 January 2002 the District Court extended the applicant’s pre-trial detention to four months. The applicant did not appeal against this decision.18. On 8 February 2002 the criminal proceedings concerning robberies on the Kharkiv-Dnipropetrovsk-Simferopol road were joined with the murder proceedings.19. On 7 March 2002 the Kharkiv Regional Court of Appeal, having heard the investigator and the prosecutor, and referring to “the applicant’s personality”, albeit without assessing it, the seriousness of the charges against him, and the need for additional time to conduct the necessary investigative measures, extended the applicant’s detention to six months. The decision was not amenable to appeal.20. On 12 March 2002 B. was appointed as the applicant’s lawyer.21. On 4 April 2002 the criminal proceedings regarding the robberies in Dzerzhynsk were joined with the other proceedings against the applicant.22. On 8 April 2002 the Kharkiv Regional Court of Appeal, having heard the investigator and the prosecutor, extended the applicant’s detention to nine months on the same grounds as those in its ruling of 7 March 2002. The decision was not amenable to appeal.23. On 10 July 2002 L. replaced B. as the applicant’s lawyer. On the same day, the applicant was charged with a number of crimes, including banditry, several counts of armed robbery, premeditated murder and attempted murder, and questioned. He pleaded not guilty as charged and refused to give further testimonies.24. On 18 November 2002 amended charges were brought against the applicant and he was questioned again.25. On 28 December 2002 the applicant was granted access to the case file. According to the Government, no investigative measures were conducted that day.26. After the investigation had been completed the case was referred to the Donetsk Regional Court of Appeal (“the Court of Appeal”), acting as a first-instance court, for trial. The decision to do so was not amenable to appeal.27. On 12 June 2003 the applicant requested the Court of Appeal to change his preventive measure to a non-custodial one.28. On 17 December 2003 the Court of Appeal remitted the case for additional investigation, holding that the applicant’s rights of defence had been breached. It found, inter alia, that the applicant had officially been charged with offences other than those considered by the trial court. It further established that on 10 July, 18 November and 28 December 2002 investigative measures had been carried out in the absence of the applicant’s lawyer, contrary to the requirements of domestic law. The court also decided, without giving reasons or setting a time-limit, that the applicant would remain in detention. The applicant appealed in cassation against that decision and requested, inter alia, that the preventive measure, namely the detention ordered be lifted.29. On 29 April 2004 the Supreme Court heard the applicant’s appeal in the presence of the prosecutor. It upheld the decision of the Court of Appeal of 17 December 2003 and stated, without giving any reasons, that there were no grounds for changing or discontinuing the preventive measure imposed on the applicant.30. On 2 August 2004 V. was appointed as the applicant’s lawyer.31. On 6 August 2004, in the presence of his lawyer, the applicant was charged with a number of criminal offences, including banditry, several counts of armed robbery, premeditated murder and attempted murder, and questioned. He admitted to his acquaintance with the co-accused, but pleaded not guilty on all charges.32. On 20 August 2004, in the presence of his lawyer, amended charges were brought against the applicant. The latter refused to sign or receive copies of the relevant papers as he disagreed with the charges. During further questioning he pleaded not guilty and refused to give any testimony.33. On 27 August 2004 the applicant and his lawyer were granted access to the case file, and on 3 September 2004 the case was referred for trial.34. On an unspecified date, the applicant lodged a request for release with the Court of Appeal.35. On 6 October 2005 the Court of Appeal, having acquitted the applicant on four of the eight charges for lack of proof, found him guilty of banditry, several counts of armed robbery, intentional murder and attempted murder. It sentenced him to life imprisonment with confiscation of all his property. The court based its findings to a large extent on the testimonies of the applicant and his co-defendants given during the pre-trial investigation, having found them to be corroborated by a number of other pieces of evidence. In the part of the judgment which concerns the murder charges, the court referred, in particular, to the “testimonies given by the applicant as a suspect and an accused, including in the presence of a lawyer”. It further dismissed as ill-founded the applicant’s complaints that his rights of defence had been violated and his requests to declare inadmissible his statements obtained in the absence of a lawyer. In this context, when finding the applicant guilty of armed robberies, the court held that, having been informed of his procedural rights, the applicant had voluntarily waived his right to legal representation and that such a waiver had been lawfully accepted by the investigative authorities as robbery charges could not lead to a life sentence. It further held that during questioning on the murder, the applicant had been legally represented and had made his statements in the presence of a lawyer.36. In addition, the Court of Appeal gave a separate ruling by which it declared inadmissible a number of pieces of evidence related to different charges against the applicant and his co-defendants, as the evidence had been obtained in violation of the defendants’ rights of defence. In particular, as far as the applicant was concerned, apart from the evidence which had been found inadmissible on 17 December 2003, the court further excluded from the body of evidence some of the testimonies given by the applicant on 8 and 9 January 2002. It held that, even though the applicant had allegedly confessed to murdering five people shortly after his arrest, he had nevertheless been questioned as a witness, in the absence of a lawyer.37. The applicant appealed in cassation against the judgment of 6 October 2005. He stated in particular that there had been insufficient evidence to prove his guilt; he had been ill-treated by the police; on a number of occasions during the pre-trial investigation he had been questioned in the absence of a lawyer and that evidence obtained in violation of his rights of defence had nevertheless been used to secure his conviction.38. On 19 October 2006 the Supreme Court of Ukraine held a hearing in the presence of the prosecutor, the applicant and his sister – who acted as his representative. On the same day, it upheld the applicant’s conviction of 6 October 2005. It dismissed as unsubstantiated his complaints that his rights of defence had been violated at the pre-trial stage of the proceedings, holding that those complaints had been duly examined and dismissed by the Court of Appeal. It also dismissed as unsubstantiated the applicant’s allegations of ill-treatment by the police.B. Conditions of detention in SIZOs nos. 27 and 51. The applicant’s account39. Between 28 July and 13 October 2004 the applicant was held in the Kharkiv pre-trial detention centre no. 27 (“Kharkiv SIZO”), in cell no. 537. He submitted that his cell had been overcrowded: it had measured 16 square metres, contained eight beds for ten people, and detainees had had to take turns to sleep. He also alleged that some of the cellmates had been suffering from tuberculosis. In this context, he submitted written statements made by his cellmates K., G., K.I., P. and O.40. The applicant’s sister complained to the Governor of Kharkiv SIZO about the conditions of her brother’s detention. By a letter dated 13 June 2005 the Governor informed her that the cell in question had been designed to accommodate eight people and that no more than eight inmates had been held in that cell during the applicant’s detention. The Governor further informed her that, according to medical documents concerning K., G., K.I., P. and O., none of them had been suffering from an active form of tuberculosis. He stated that the applicant had never been in contact with anyone suffering from such a disease whilst in Kharkiv SIZO.41. After his conviction on 6 October 2005, the applicant was transferred to the high-security wing of the Donetsk pre-trial detention centre no. 5 (“Donetsk SIZO”). According to the applicant, he was handcuffed whenever he left his cell, including during daily walks and meetings with his relatives.2. The Government’s account42. In Kharkiv SIZO the applicant was held in cells nos. 27 and 537 measuring 24.2 square metres each, designed to accommodate eight detainees. The cells were equipped with a dining table, a bench, a washstand and a toilet, which was separated from the living area by a brick partition. There was natural ventilation and light through windows; artificial lighting allowed inmates to read and write without damaging their eyesight. The temperature in the cells was between 18oC and 20oC. Running water was constantly available in the cells. All detainees were provided with bed linen and clothes in accordance with domestic standards.43. As regards the applicant’s allegations that he had shared his cell with persons suffering from tuberculosis, the Government pointed out that the domestic legislation provided that persons suffering from that disease should be kept separately from healthy detainees. The Government could not provide any information about the applicant’s cellmates and their state of health, however, because the time-limit for keeping the relevant documents had expired and the records had been destroyed. They noted that the applicant had not complained that his state of health had worsened in detention.44. Whenever the applicant was taken out of his cell and escorted within the Donetsk SIZO, handcuffs were used pursuant to the relevant domestic legislation. The Government contested the applicant’s statement that he had been handcuffed during his daily walks and meetings with relatives, as the former was prohibited by the relevant domestic regulations.II. RELEVANT DOMESTIC LAWA. Internal Regulations of the Penal Institutions, approved by the State Department for the Enforcement of Sentences on 25 December 2003 (Order No. 275)45. The rules governing the detention of prisoners sentenced to life imprisonment subject them to special restrictions as regards the material conditions of their detention, activities and opportunities for human contact. Those restrictions include permanent separation from the rest of the prison population, limited visiting entitlements, and a prohibition on communication with other prisoners. The rules further provide that when prisoners sentenced to life imprisonment are taken out of their cells and escorted within or outside the prison, they should be handcuffed with their arms behind their back. The escort consists of three wardens with a guard dog (regulations 23-25). On 9 November 2004 regulation 8 was amended to include the requirement that doors leading to walking areas in the sectors for life prisoners should be equipped with special windows to facilitate the wardens in taking the handcuffs off the prisoners and putting them back on.B. Instruction on the Supervision of Prisoners Serving Sentences in Penal Institutions, approved by the State Department for the Execution of Sentences on 22 October 2004 (Order No. 205)46. The instruction is a classified (non-public) document. An extract (paragraphs 30.9 and 30.11) submitted by the Government provides as follows:“30.9  When prisoners sentenced to life imprisonment are taken out of their cells, a junior warden shall open the first door from the corridor side of the [door] and order the prisoners to come up to the door and turn round, facing toward the opposite wall and holding their hands behind their backs, and then, through the opening, handcuff the prisoners. Having handcuffed all the prisoners and having made sure that they have stepped back [against] the opposite wall, the warden shall [then] open the internal door. After the prisoners have been taken out of their cells, they shall undergo a partial search with the use, if necessary, of technical means of detection and control. Prisoners in this category are [to be] taken from their cells one after another, escorted by two officers from the administration and a junior warden with a guard dog.When escorting a prisoner sentenced to life imprisonment, one junior warden shall walk ahead of him, surveying the route. The prisoner shall follow two to three metres behind. The rest of the escorting junior wardens shall follow the prisoner one metre behind. The movement of life-term prisoners is the responsibility of the on-duty assistant to the prison governor, or his deputy, who, in all instances, shall follow in the rear.30.11  After [the life prisoners] have been led to a yard for daily walks, the handcuffs shall be removed from them.”C. Code of Criminal Procedure, 28 December 1960 (“the CCP”) as worded at the relevant time47. The provisions of the CCP concerning the application of preventive measures and the defendant’s rights during trial provide, in so far as relevant, as follows:Article 148. Purpose and grounds for the application of preventive measures“Preventive measures shall be applied in respect of a suspect, accused, defendant or convict with the aim of preventing attempts to abscond from the investigation or trial, to obstruct the establishment of the truth in a criminal case or to pursue criminal activities, and in order to ensure the execution of procedural decisions.Preventive measures shall be applied if there are sufficient grounds to consider that the suspect, accused, defendant or convict will try to abscond from the investigation or trial, or evade complying with procedural decisions, or obstruct the establishment of the truth in a criminal case, or pursue criminal activities.If there are not sufficient grounds to apply a preventive measure, the suspect, accused, defendant or convict shall be required to give a written undertaking to appear when summoned by the person conducting the inquiry, the investigator, prosecutor, or the court, and to inform them of any change of his place of residence.In the case of the application of a preventive measure in respect of a suspect, he shall be [officially] charged within ten days of the date the preventive measure was applied. If no charges are brought [against him] within that period, the preventive measure shall be lifted.”Article 165-3. Procedure for extending the term of pre-trial detention“... The prosecutor, suspected, accused or his defence or legal representative may lodge an appeal against the resolution of the judge [extending the term of pre-trial detention] within three days of its delivery. Such an appeal shall not suspend the execution of the judge’s resolution. The resolutions issued by judges of a court of appeal and of the Supreme Court shall not be subject to an appeal ...”Article 263. Defendant’s rights during trial“During the trial, the defendant has the right to:...3)  submit petitions and express his/her opinion with regard to petitions of other participants to trial; ...”Article 274. The selection, discontinuation and change of a preventive measure by the court“In the course of consideration of a case the court may issue a ruling changing, discontinuing or selecting a preventive measure in respect of a defendant, if there are grounds for this. ...”48. The provisions of the CCP concerning access to a lawyer provide as follows:Article 45. Compulsory participation of a defence lawyer“The participation of a defence lawyer in the inquiry, pre-trial investigations and trial by the first-instance court is compulsory:...4)  from the time of the person’s arrest or when he or she is charged with a criminal offence carrying a penalty of life imprisonment ...The participation of a defence lawyer in the proceedings before the court of appeal is compulsory in cases provided for by the first paragraph of this Article if the appeal raises issues capable of worsening the position of the convicted or acquitted person.”Article 47. The procedure for selecting and appointing a defence lawyer“A defence lawyer shall be selected by a suspect, an accused, a defendant or a convicted person ...A defence lawyer shall be appointed [by the authorities] in the following cases:1)  when, in accordance with Article 45 §§ 1 and 2, the participation of the defence lawyer is compulsory but the suspect, accused or defendant does not wish to or cannot appoint a defence lawyer;2)  when a suspect, an accused or a defendant wishes to appoint a defence lawyer but cannot do so for lack of means or other objective reason. ...”49. Article 395 of the CCP provides, inter alia, that the court of cassation must review whether the challenged court decision is lawful and substantiated based on the case file and any additional material submitted. The scope of the review is limited by the arguments of the cassation appeal(s). The court is empowered to review the case beyond the arguments of the cassation appeal(s), provided that this does not worsen the position of the convicted or acquitted person.D. Code of Criminal Procedure 2012 (in the wording of 12 February 2015)50. The provision of the Code concerning reopening of the proceedings reads as follows:Article 445. Grounds for review of the judicial decisions by the Supreme Court of Ukraine“1. Grounds for review by the Supreme Court of Ukraine of the judicial decisions which came into force shall be:...4)  finding by an international judicial body, which jurisdiction is accepted by Ukraine, of a violation by Ukraine of its international obligations during the judicial examination of the case.”E. Law on the Execution of Judgments of the European Court of Human Rights 200651. Section 10 of the Law provides for additional individual measures with a view to the execution of judgments of the Court, including the review of a case by a court and the reopening of judicial proceedings.III. RELEVANT INTERNATIONAL MATERIAL52. The relevant extracts from the Report to the Ukrainian Government on the visit to Ukraine carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (“the CPT”) from 9 to 21 October 2005 read as follows:“... The CPT also recommends that the Ukrainian authorities review as soon as possible the norms fixed by legislation for living space per prisoner, ensuring that these are at least 4 m² in all the establishments under the authority of the Department for the Enforcement of Sentences. ...”“... whereas the unacceptable practice of systematic handcuffing whenever a prisoner was taken out of a cell has at last been abolished for women, the Ukrainian authorities have still not ceased this practice for men ...”“... recommendations ... :-  the practice of systematically handcuffing male life-sentenced prisoners whenever they are taken out of their cell to cease with immediate effect; ...”THE LAWI. SCOPE OF THE CASE53. In his observations in response to those of the Government, the applicant additionally complained under Article 6 of the Convention of ineffective legal representation by legal-aid lawyers during the initial stage of the criminal proceedings against him.54. In the Court’s view, this new complaint is not an elaboration of his original complaints to the Court on which the parties have commented. The Court considers, therefore, that it is not appropriate to take this matter up in the context of the present case (see Piryanik v. Ukraine, no. 75788/01, § 20, 19 April 2005).II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION55. The applicant complained that the conditions of his pre-trial detention in Kharkiv SIZO had been poor. He further stated that, from 6 October 2005 to 5 May 2009, during his pre-trial detention in Donetsk SIZO, he had been handcuffed whenever he had left his cell, including during family visits and daily walks. The applicant considered such treatment to be inhuman and degrading. He relied on Article 3 of the Convention, which reads as follows:“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”56. The Court notes that the applicant’s complaints under Article 3 of the Convention concern two distinct issues, namely the allegedly unacceptable conditions of his detention in Kharkiv SIZO and his handcuffing in Donetsk SIZO. The Court will deal with these matters in turn.A. Conditions of detention in Kharkiv SIZO1. Admissibility57. The Government submitted that this aspect of the case was inadmissible on the ground of non-exhaustion of domestic remedies. They contended that the applicant could have raised his complaints before the public prosecutor in charge of supervising the general lawfulness of conduct in penal institutions. Any decision taken by the prosecutor could be further challenged before the domestic courts.58. The applicant contested the effectiveness of the above remedy. Referring to the relevant case-law of the Court (see Pokhlebin v, Ukraine, no. 35581/06, § 41, 20 May 2010), he asserted that the problem complained of was of a structural nature.59. The Court notes that it has already dismissed similar objections by the Government on a number of occasions, finding the remedy referred to by the Government ineffective on the ground that it had not been shown that recourse to such proceedings could have brought an improvement in the applicant’s detention conditions (see, for example, Savinov v. Ukrane, no 5212/13, § 36, 22 October 2015). The Court sees no reason to depart from that finding in the present case and therefore considers that this complaint cannot be rejected for failure to exhaust domestic remedies.60. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It is not inadmissible on any other grounds. The Court therefore declares it admissible.2. Merits61. Article 3 of the Convention requires States to ensure that a person is detained in conditions which are compatible with respect for his human dignity and that the manner and method of the execution of the measure do not subject him to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention (see Kudła v. Poland [GC], no. 30210/96, § 94, ECHR 2000-XI).62. The Court 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” within the meaning of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see, amongst many other authorities, Karalevičius v. Lithuania, no. 53254/99, §§ 39-40, 7 April 2005 and Ananyev and others v. Russia, nos. 42525/07 and 60800/08, §§ 146-149, 10 January 2012). Whereas the provision of four square metres remains the desirable standard of multiple-occupancy accommodation, the Court has found that where the applicants have at their disposal less than three square metres of floor surface, the overcrowding must, in general, be considered to be so severe as to justify a finding of a violation of Article 3 (see mutatis mutandis Ananyev and others v. Russia, cited above, §§ 144 and 145).63. The Court notes that in the present case the applicant has provided some details concerning the size of the particular cell in which he stayed during specific periods of time, the number of inmates accommodated therein or other arrangements in the cell. The Government alleged that the applicant’s complaints had not been proven beyond reasonable doubt and that his suffering had not attained the minimum level of severity. They provided a description of the conditions in which the applicant had been detained, disputed the size of the cell and cast doubt on the testimonies of the applicant’s alleged cellmates, while also admitting that records concerning persons who were held in Kharkiv SIZO with the applicant had been destroyed.64. The Court does not find it necessary to resolve the factual dispute between the parties as, in any event, the available evidence indicates that during his stay in Kharkiv SIZO the applicant lacked personal space. In particular, as reported by the Government, the cells, which were designed for eight inmates and measured 24.2 square metres, allowed some three square metres of floor space per inmate. The Government did not actually state how many inmates occupied these cells at the relevant time, the records having been destroyed.65. Furthermore, given that the cells also contained sanitary facilities, furniture and fittings, the personal space available to detainees was further reduced.66. Of the other elements relevant for the assessment of the conditions of detention, special attention must be paid to the availability and duration of outdoor exercise and the conditions in which prisoners could take it. The Court has found a violation of Article 3 because the lack or short duration of outdoor exercise was a factor that further exacerbated the situation of the applicant, who was confined to his cell for all or the rest of his time (see Ananyev and others, cited above, §§ 149-151 and the case-law cited therein).67. The Court observes from the material in the case file concerning the SIZO regime that the applicant and his cellmates had no freedom of movement and were confined to their cell for most of the day.68. In the light of its case-law (see, among other authorities, Ananyev and others, cited above, §§ 160-166, Melnik v. Ukraine, cited above, § 103, Gorbatenko v. Ukraine, no. 25209/06, § 139, 28 November 2013, and Iglin v. Ukraine, no. 39908/05, §§ 51-52, 12 January 2012), the Court finds that the conditions of the applicant’s detention in SIZO no. 27, in particular the lack of personal space afforded to the applicant, combined with the lack of access to outdoor activities for almost three months of his detention, amounted to degrading treatment.

Article of the Convention at issue: Article 5
Outcome: violation