Inhuman and degrading prison conditions

Nevmerzhitsky, Yakovenko, Logvinenko, Isayev and Melnik groups v Ukraine (Appl. No. 54825/00)

• Briefing memo by Vitalia Lebid, Attorney at the Ukrainian Helsinki Human Rights Union
• Case summary by the Council of Europe's Department for the Execution of Judgments
• Action Report by the Ukrainian authorities

These cases concern inhuman and/or degrading treatment (Article 3) suffered by the applicants because of overcrowding and the poor conditions of prison and detention facilities; the unacceptable conditions for detainees during transfer by road and rail; and the inadequacy of medical care. In the Nevmerzhitsky case, the Court concluded that the force-feeding of the applicant amounted to torture. In some of the cases, the Court also found a lack of effective remedies (Article 13).

Vitalia Lebid, as above, provided the briefing participants with information on the current situation in pre-trial detention facilities, where overcrowding still remains a problem – as noted in the November 2016 report of the European Committee for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment – and material conditions remain inadequate in most penitentiary facilities in Ukraine. She also highlighted the need to adopt several legislative amendments that would pave the way for improvements in these areas. Finally, Ms. Lebid drew the CM’s attention to the fact that there is no effective mechanism to protect the rights of prisoners, including a mechanism to obtain compensation for inadequate conditions.

Ms. Lebid’s memo disseminated during the briefing can be found here.