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The implementation of the ECtHR judgments remains one of Ukraine’s international obligations, which the state assumed after ratifying the Convention for the Protection of Human Rights and Fundamental Freedoms and joining the Council of Europe. This also applies to the ECtHR judgments regarding the penitentiary system and the rights of prisoners.
The ECtHR was established to ensure that Council of Europe member states comply with their obligations under the European Convention and to encourage states to improve their national mechanisms for the protection of human rights and fundamental freedoms.
For example, the CoE CM has been monitoring the implementation of ECtHR judgments on detention conditions in Ukraine since 2005. Most of the cases against Ukraine in which the ECtHR found a violation of Article 3 of the Convention concerned overcrowding and various other recurring problems related to the living conditions of detention. The issue of detention in Ukraine was considered within the framework of so-called groups of cases, for example, Nevmerzhytskyi/Sukachov v. Ukraine. This category of cases is one of the most widespread cases decided against Ukraine.
On 30 January 2020, the ECtHR issued a pilot judgment in the case of Sukachov v. Ukraine, in which it concluded that the violations were the result of a large-scale structural problem resulting from the improper functioning of the penitentiary system in Ukraine, as well as insufficient guarantees against cruel and/or degrading treatment of persons in such institutions, which is contrary to Article 3 of the Convention. The ECtHR pointed out to Ukraine the need to take comprehensive measures to address the structural problem.
At the same time, there are cases in which the ECtHR, having considered the applicants’ complaints about inadequate conditions of detention, rejected them as inadmissible due to the improvement of detention conditions.
For example, in its judgment of 6 June 2024 in application no. 28032/23, the ECtHR noted that on 9 February 2021, the applicant’s detention conditions had improved significantly. In particular, this is confirmed by the evidence provided by the Government (colour photographs of the camera) and their detailed description of the conditions of detention, which the Court found convincing.
With regard to the implementation of the pilot judgment of the ECHR in Sukachov v. Ukraine, the ECHR primarily requires reducing excessive overcrowding in detention facilities, improving material conditions of detention and introducing effective domestic remedies, both compensatory and preventive.
The last time the state of implementation of the ECHR judgments in the Nevmerzhytskyi / Sukachov v. Ukraine case group was considered was at the 1501st regular meeting of the CoE CM (11-13 June 2024). In their decision adopted following the meeting, the delegates of the CoE CM noted with interest the information on the implementation of the Strategy for the Reform of the Penitentiary System until 2026, in particular the current and planned measures to improve the material conditions of detention, including the repair of premises and the creation of places of detention that meet human rights standards, and welcomed the adoption of legislation introducing probation supervision as a new type of criminal punishment, and invited the authorities to provide the Committee with updated information on the implementation of the Strategy.
At the same time, the ECtHR urges the authorities to take measures to minimise the use of pre-trial detention, reconsider the option of financing ‘paid cells’, introduce preventive and compensatory remedies, increase the minimum standard of personal space for prisoners to 4 square metres, and called for the priority of relevant reforms and the adoption of relevant legislation as soon as possible.
The implementation of ECtHR judgments remains one of Ukraine’s international obligations, which the state assumed after ratifying the Convention and joining the Council of Europe. Non-enforcement or incomplete enforcement of ECtHR judgments cannot be justified by the lack of funding in the State Budget of Ukraine. The state of implementation of the ECtHR judgments, in particular regarding inadequate conditions of detention, is the subject of consideration by the European Commission on Ukraine’s path to EU accession. Failure to comply with the ECtHR judgments leads to negative political and legal consequences for Ukraine’s international image.
Therefore, further comprehensive measures should be taken to address this issue.
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