Problems of the penitentiary system of Ukraine in the conditions of full-scale war

The State is responsible for all persons deprived of their liberty, as they are under its full control. It is also obliged to take all necessary measures to guarantee such persons the right to timely, adequate, high-quality and professional medical care and the right to decent detention conditions, which is consistent with Art. 2 (right to life), Art. 3 (prohibition of torture and inhuman treatment), Art. 8 (right to respect for private life), Art. 13 (right to an effective remedy), and Art. 14 (prohibition of discrimination) of the European Convention on Human Rights (ECHR) and the case law of the European Court of Human Rights (ECtHR).

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 4 of the Charter of Fundamental Rights of the European Union 
Text as of March 2026

Based on research and human rights practice, the following problems of the Ukrainian penitentiary system can be distinguished:

  1. Armed aggression of the Russian Federation against Ukraine. Russia’s armed aggression against Ukraine has made it significantly more difficult for our state to uphold the rights of detainees and ensure the safety of their lives and health when taking all the required measures. Systematic Russian missile and drone attacks, including those targeting detention facilities, continue across the country and pose a serious threat to the lives and health of detainees.
  2. The absence of adequately equipped shelters in detention facilities poses significant risks to human rights and complicates ensuring a safe environment for both detainees and staff.
  3. The failure to evacuate institutions near the front line in a timely manner suggests a lack of systematic decision-making and could be seen as the state’s inadequate fulfillment of its positive obligations to protect the lives and safety of detained individuals. The seizure of penitentiary institutions in the occupied territories by Russian forces has led to massive human rights violations, torture, and killings, confirming the critical importance of timely evacuation.
  4. Withholding details of evacuation measures from the public may be justified for security reasons, but it can also conceal inaction or delays in decision-making.
  5. Lack of facilities to hold children under 14 who commit especially grave crimes during the investigation period. Lack of programs for re-education, rehabilitation, and support for such children.
  6. High level of pre-trial detention (36%). In 2024, the Committee Against Torture reported a high percentage of pre-trial detainees, which is among the reasons for overcrowding in pre-trial detention centers. The pilot judgment in Sukachov v. Ukraine directly requires reducing pre-trial detention and broader use of alternative preventive measures.
  7. Recent reports from certain Ukrainian-controlled colonies indicate systemic cases of torture, mass beatings, abuse, and deaths. The response to complaints about such cases is extremely slow and inadequate.
  8. For many years, detainees have faced inadequate medical care due to a shortage of medical staff, limited access to medicines and equipment for diagnosing and treating convicts and detainees, and the dependence of medical staff on facility administration.
  9. Detention conditions remain unsatisfactory and often fail to meet national and international standards for prisoner treatment, namely:
    • cells are usually overcrowded;
    • there are facts of 24-hour video surveillance of prisoners in the cells, which is also carried out by female employees;
    • there are recorded instances of placing name cards containing information about criminal offenses committed by individuals sentenced to life imprisonment, which contradicts the recommendations of the European Committee for the Prevention of Torture.
    • prolonged solitary detention of prisoners sentenced to life;
    • insufficient natural lighting in the cells.
  1. The process for reviewing life sentences remains flawed, especially due to issues in its practical implementation:
    • non-transparency and unpredictability of the pardon procedure;
    • poor prospects of granting applications for pardon;
    • a life imprisonment regime that isolates individuals from other inmates, confines them to their cells nearly 24 hours a day, and provides minimal medical care does not support rehabilitation.
  1. Informal prison hierarchy and the practice of “day guards.” This systemic problem is confirmed by reports from international organizations. Inmates from the lowest castes are subjected to violence and humiliation. The Committee Against Torture recommended stopping the practice of using prisoners to maintain order.
  2. The persistent failure to implement recommendations from both national monitoring mechanisms (NMMs) and civil society organizations highlights ongoing issues within the penitentiary system.

What Ukraine needs to do during its accession to the EU to improve the situation:

1. To the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine:

  • Consider enhancing the review process for sentences of individuals sentenced to life imprisonment to promote equality and non-discrimination among all convicts.
  • Establish a minimum standard for personal space in detention facilities.
  • Implement effective preventive and compensatory measures to address conditions of detention.

2. To the Cabinet of Ministers of Ukraine, the Ministry of Justice, and the Ministry of Health of Ukraine:

  • Ensure the renovation and re-equipment of medical units and facilities within penal institutions and pre-trial detention centers, including the creation of isolation wards for infectious patients, diagnostic rooms, and inpatient wards.
  • Address the staffing shortage in penitentiary medicine by implementing additional payments and allowances, staff rotation, and rehabilitation programs for medical professionals working in detention facilities.
  • Ensure a steady supply of medical units, medicines, and essential diagnostic equipment through systematic planning and adequate funding.
  • Establish procedures for cooperation between the Ministry of Health of Ukraine and the State Penitentiary Service of Ukraine (SPSU) to ensure timely, continuous medical care, with clear action plans for emergency and specialized cases.
  • Ensure mandatory adherence to medical protocols and maintain treatment continuity, especially during prisoner transfers and relocations, by prioritizing the protection of life and health above punitive objectives.
  • Lower mistrust between prisoners and staff by establishing an independent medical service and ensuring medical confidentiality.
  • Develop and implement specific regulations for prisoners with special needs to ensure appropriate medical support, treatment, and care.
  • Revise the nutrition regulations for penal institutions, specifically Norm No. 8 approved by Resolution No. 336 of the Cabinet of Ministers of Ukraine, dated June 16, 1992. Ensure alignment with current medical standards and address the needs of individuals with health conditions, chronic diseases, and disabilities.
  • Develop psychological support programs for prisoners and staff during wartime, with a focus on preventing PTSD and suicide.

3. To the Prosecutor General’s Office and the State Bureau of Investigation:

  • Ensure that investigations and prosecutions of prisoners’ and detainees’ deaths and injuries caused by shelling are conducted promptly, effectively, and transparently. This includes holding accountable the officials responsible for security procedures, including evacuation efforts, who failed to act.
  • Develop a public communication policy addressing identified violations of the rights of individuals detained in penitentiary institutions, including cases involving violence by institution administrators, and outline the state’s response.
  • If violence is discovered or reported in pre-trial detention or penal institutions, promptly minimize victims’ contact with the administration after a complaint is filed. This should include immediate transfer to other institutions or separate blocks, in cooperation with the Ministry of Justice.

4. To the Ministry of Justice, State Penitentiary Service, and State Emergency Service:

  • Enhance the implementation of Resolution No. 934 by establishing clear procedures for coordination among the Ministry of Justice, the State Penitentiary Service, military administrations, and law enforcement agencies regarding the evacuation of detainees from dangerous areas.
  • Mobilize and accelerate the implementation of the Penitentiary System Reform Strategy, prioritizing security and the protection of life during wartime.
  • Regularly monitor risks and update evacuation plans. Ensure proper arrangement of shelters and protective structures in penal institutions and pre-trial detention centers.

5. To the Ministry of Justice, State Penitentiary Service:

  • Provide sufficient funding and resources for evacuation activities, including transportation, security, and accommodation.
  • Enhance staff training in penal institutions (PIs) and pre-trial detention centers by focusing on:
  • regular training on standards related to the prohibition of torture and the proper treatment of detainees;
  • shaping a culture of zero tolerance for violence as a core management principle;
  • ensuring adequate resources are available to penal bodies and facilities and pre-trial detention centers, while also establishing suitable working conditions, competitive remuneration, and social and legal protections for staff.
  • Create conditions to ensure the right of detainees to adequate detention conditions:
  • ensure that the standard for space per prisoner complies with national legislation and the ECtHR requirements;
  • eliminate violations of the requirements for using the video surveillance system as outlined in the Procedure for the Use of Technical Means of Supervision and Control in Remand Prisons, Correctional and Educational Colonies of the State Penitentiary Service of Ukraine, approved by Order of the Ministry of Justice of Ukraine No. 2025/5, dated June 26, 2018;
  • take steps to put an end to the practice of imprisoning prisoners in solitary confinement in cell blocks;
  • take steps to enhance the material and living conditions within detention facilities by ensuring proper repairs, maintaining sanitary and hygienic standards in all premises, conducting regular disinfestation, providing access to natural light and ventilation, and arranging internal sanitary spaces to protect privacy, etc.;
  • ensure proper security and law enforcement in the PI by modernizing the facilities where inmates are held and upgrading technical and engineering security measures. These improvements aim to decrease offenses and emergencies.
  • Take measures to fully implement the tasks assigned to the Ministry of Justice and the State Penitentiary Service as part of strategic documents: the Strategy for Combating Torture within the Criminal Justice and its Action Plan, the Strategy for Reforming the Penitentiary System and its Operational Plan for 2022–2026, and the Roadmap on the Rule of Law containing a block of tasks aimed to improve the penitentiary system.
  • Abolish the practice of “day-duty men” in detention facilities and prevent prisoners from participating in such activities.
  • Develop a systemic program to overcome the informal prison hierarchy.
  • Develop a dedicated policy to address the needs of vulnerable groups, including women, transgender individuals, foreigners, and people with disabilities.

6. To the Ministry of Justice, the Verkhovna Rada Commissioner for Human Rights:

  • Enhance monitoring of human rights in pre-trial detention centers and penal institutions, provide effective protection for complainants and witnesses of torture or ill-treatment, and support thorough investigation of torture cases and prosecution of those responsible.
  • Respond appropriately to the recommendations of the Commissioner for Human Rights and the National Preventive Mechanism. For details, see a separate section on the National Preventive Mechanism.
  • Ensure systematic recording of complaints about torture.

7. To the Ministry of Justice, the Verkhovna Rada of Ukraine, the Cabinet of Ministers:

  • Ensure the enforcement of judgments of the European Court of Human Rights in the cases of:
  • Sukachov, Melnik, Nevmerzhitsky, Yakovenko group of cases, Ukrayinskyy and Others;
  • Kats and Others, Kardava, Karpylenko, Salakhov and Islyamova groups of cases;
  • Logvinenko, Isayev groups of cases;
  • Kaverzin group of cases.

To find more about this topic, see sections:

For a comprehensive overview of these issues and the rationale behind our recommendations, please refer to the research section, specifically the document available in Ukrainian: Problems of the penitentiary system of Ukraine in the conditions of full-scale war. If you have any feedback or comments about this material, please send them to: hrmap@ccl.org.ua.

Published materials may be used provided that a mandatory link to the original source is included. @ 2026 Center for Civil Liberties.

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The Ukrainian Helsinki Human Rights Union (UHHRU)