FIFTH SECTIONCASE OF OLIYNYK AND OTHERS v. UKRAINE(Application no. 18431/21 and 6 others – see appended list)     JUDGMENT STRASBOURG16 November 2023    This judgment is final but it may be subject to editorial revision. In the case of Oliynyk and Others v. Ukraine,The European Court of Human Rights (Fifth Section), sitting as a Committee composed of: Carlo Ranzoni, President,  Lado Chanturia, María Elósegui, judges,and Viktoriya Maradudina, Acting Deputy Section Registrar,Having deliberated in private on 12 October 2023,Delivers the following judgment, which was adopted on that date:PROCEDURE1.  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 FACTS3.  The list of applicants and the relevant details of the applications are set out in the appended table.THE LAWJOINDER OF THE APPLICATIONS4.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.ALLEGED VIOLATION OF ARTICLES 3 AND 13 OF THE CONVENTION5.  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. 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.APPLICATION OF ARTICLE 41 OF THE CONVENTION11.  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.”12.  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, Decides to join the applications;Declares the applications admissible;Holds that these applications disclose a breach of Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of any effective remedy in domestic law;Holds(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 16 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.  Viktoriya Maradudina Carlo Ranzoni Acting Deputy Registrar President   APPENDIXList 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 introductionApplicant’s nameYear of birth Representative’s name and locationFacilityStart and end dateDurationSq. m per inmateSpecific grievancesAmount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant(in euros)[1]   18431/2131/03/2021Oleksandr Volodymyrovych OLIYNYK1977 Kulbach Sergiy OleksandrovychLimogesKyiv Pre-Trial Detention Facility 06/04/2020pending More than3 years and5 months2.5-2.7 m²lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, mouldy or dirty cell, no or restricted access to shower, overcrowding, passive smoking, poor quality of potable water7,400   61319/2108/12/2021Volodymyr Mykolayovych PEDKO1967 Sosyedko Maksym OleksandrovychKyivDnipro Detention Facility no. 4 29/11/2019 to02/03/2023 3 years and3 months and3 days2.5-2.7 m²overcrowding, lack of fresh air, passive smoking, infestation of cell with insects/rodents, mouldy or dirty cell, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of toiletries, poor quality of food, no or restricted access to shower, lack of or insufficient electric light, lack of or insufficient natural light7,300   25951/2228/04/2022Oleksandr Sergiyovych YEFIMOV1984 Kulbach Sergiy OleksandrovychLimogesDnipro Detention Facility no. 4 07/09/2018pending More than4 years and11 months and 30 days2.6-4.2 m²lack of fresh air, lack of or inadequate hygienic facilities, 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, overcrowding, passive smoking, poor quality of food, poor quality of potable water7,500   26115/2228/04/2022Mykhaylo Viktorovych KNYAZYEV1988 Kulbach Sergiy OleksandrovychLimogesDnipro Detention Facility no. 4 17/09/2018pending More than4 years and11 months and 20 days2.5-3.2 m²lack of fresh air, lack of or inadequate hygienic facilities, 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, overcrowding, passive smoking, poor quality of food, poor quality of potable water7,500   38658/2204/07/2022Volodymyr Eduardovych BOZHATKIN1995 Rybiy Sergiy MykolayovychDniproDnipro Detention Facility no. 4 14/11/2019pending More than3 years and9 months and 23 days2.5 - 6.4 m²lack of fresh air, passive smoking, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, lack of or inadequate hygienic facilities, overcrowding, lack of toiletries, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower, no or restricted access to warm water, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air7,500   45377/2229/08/2022Sergiy Olegovych AVRAMENKO1991 Sosyedko Maksym OleksandrovychKyivDnipro Detention Facility no. 4 17/06/2019 to07/03/2023 3 years and8 months and 19 days2.5 m²poor quality of food, overcrowding, no or restricted access to warm water, lack of toiletries, mouldy or dirty cell, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, infestation of cell with insects/rodents, passive smoking7,500   57758/2225/11/2022Illya Vitaliyovych MORGUNENKO1997 Sosyedko Maksym OleksandrovychKyivDnipro Detention Facility no. 4 06/03/2017 to26/07/2022 5 years and4 months and 21 days2.5 m²overcrowding, mouldy or dirty cell, lack of fresh air, poor quality of potable water, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, passive smoking, poor quality of food7,500  [1] Plus any tax that may be chargeable to the applicants.