Ukraine: Concerns on prison conditions, oversight mechanisms, and compliance in wartime

The country rapporteurs were Mr. Claude Heller and Mr. Peter Vedel Kessing.

The delegation of Turkmenistan was led by Ms. Liudmyla Suhak, Deputy Minister of Justice for European Integration.

Main Issues Discussed:

The Committee addressed the harsh conditions in detention facilities, including overcrowding, inadequate access to food and water, allegations of forced feeding, limited opportunities for fresh air, and exposure to extreme temperatures. It condemned the persistence of a caste system among prisoners and underscored the lack of fundamental legal safeguards, such as free legal aid and independent medical examinations. Concerned by a reported 7% annual increase in deaths in custody, the Committee urged Ukraine to transfer responsibility for prison healthcare to the Ministry of Health and called for the repeal of Article 391 of the Criminal Code, which criminalises disobedience.

Moreover, the Committee expressed concern over the significant disparity between the number of investigations and the limited number of cases reaching the courts. It regretted the insufficient resources and lack of independence of the Ombudsman, as well as the low-level application of its recommendations. Similarly, the Committee noted a decline in the operational capacity of the National Preventive Mechanism (NPM) to carry out investigations and monitor visits. Furthermore, the Committee raised concerns about the lack of effective remedies and rehabilitation programmes available for victims of torture.

The Committee welcomes Ukraine’s ratification of or accession to several international instruments, including the Rome Statute of the International Criminal Court. In the context of the armed conflict, the Committee inquired nonetheless what measures exist to ensure that Russian prisoners of war are treated under international humanitarian law. It recalled that the prohibition of torture constitutes a jus cogens norm and requested information regarding the training provided to soldiers, police officers, prison staff, and other officials to prevent torture and ill-treatment. It also sought clarification on the steps taken to document instances of ill-treatment, identify perpetrators, and ensure access to reparations even when such abuses are committed by Russian forces.

The CAT’s recommendations are available here.

Follow-up Recommendations

The State party should provide information by the 2nd of May 2026 on the implementation of recommendations regarding:

• Fundamental legal safeguards.

• Violations of the Convention by the State party in the context of armed conflict and occupation.

• Prison security and deaths in custody.

Further details, including video recordings of the sessions (part one and part two), are available for those interested in the CAT’s full review and Ukraine’s response to the recommendations.

Read our alternative report to the CAT (in English).