Former prisoner demanded 700 thousand hryvnias for mold and unsanitary conditions in the detention center — what the court decided

The Chechelivskyi District Court of Dnipro city partially satisfied the claim of a former prisoner who demanded compensation for moral damage due to inadequate detention conditions at the State Institution "Dnipro Penal Institution No. 4." The court concluded that the plaintiff was held in conditions that humiliated human dignity and violated Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and therefore has the right to compensation for moral damage. At the same time, the claimed compensation amount of 700 thousand hryvnias was deemed unfounded by the court, which awarded 5 thousand hryvnias instead.

Circumstances of the case

The plaintiff was held at the Dnipro Penal Institution No. 4 from November 2020 to April 2023, and again from November to December 2023. He turned to the court stating that the administration of the institution did not provide proper living, sanitary, and hygienic conditions, which caused him prolonged moral suffering and humiliation of human dignity. The plaintiff requested 700 thousand hryvnias in moral damage compensation.

To support his claims, he referred to reports from monitoring visits by the National Preventive Mechanism of the Commissioner of the Verkhovna Rada for Human Rights conducted in 2022 and 2023. The court considered these materials as evidence that numerous violations of national legislation and international standards for the treatment of persons deprived of liberty were recorded in the institution.

The reports specifically mentioned overcrowded cells and failure to meet the minimum area per prisoner, unsanitary conditions in certain premises, mold, faulty sanitary facilities, lack of ventilation, dangerous electrical wiring, practices of segregation and discrimination against certain categories of prisoners, inadequate shelter arrangements, and other deficiencies requiring correction.

Court’s position

The court noted that persons in custody or serving sentences do not lose the right to humane treatment and respect for human dignity. Such guarantees are provided by the Constitution of Ukraine, the Criminal Executive Code of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the practice of the European Court of Human Rights (ECHR).

When making its decision, the court took into account the ECHR practice, including rulings in the cases "Nevmerzhytskyy v. Ukraine," "Melnyk v. Ukraine," "Yakovenko v. Ukraine," "Dvoynykh v. Ukraine," "Iglin v. Ukraine," "Davidov and others v. Ukraine," as well as the pilot judgment in the case "Sukachov v. Ukraine." The court noted that the ECHR presumes moral damage to a person if a violation of Article 3 of the Convention due to inadequate detention conditions is established, and one of the main criteria for determining compensation is the duration of stay in such conditions.

The court also emphasized that to hold the state liable, it is necessary to establish unlawful actions or inaction, harm caused, and a causal link between them. Evaluating the evidence as a whole, the court concluded that the plaintiff’s rights were violated and the institution’s inaction led to the humiliation of his dignity over a prolonged period.

Separately, in case 204/2854/26, the court noted that according to the legal conclusions of the Grand Chamber of the Supreme Court, the debtor in such legal relations is the state of Ukraine, and compensation for moral damage is paid at the state’s expense. The absence of instructions on the execution procedure or a specific account in the operative part of the decision does not affect the state’s obligation to restore the violated right.

What the court decided

When determining the amount of compensation, the court proceeded from the principles of reasonableness, fairness, and proportionality, and also considered the practice of the Supreme Court and the ECHR regarding compensation for moral damage in similar cases. The court concluded that a fair compensation is 5 thousand hryvnias for moral damage caused by detention in conditions that humiliate dignity and constitute treatment contrary to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The court dismissed the rest of the claims.

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