Ukraine: Efforts to Prevent Torture Undermined by War and Systemic Failures

A decade after the last review, and in the face of Russia’s ongoing aggression and international crimes committed against Ukrainian civilian population, ensuring Ukraine’s compliance with the UN Convention against Torture is more critical than ever. Although some progress has been made, persistent structural problems continue to undermine full implementation. The upcoming review and this alternative report, offers an important opportunity to identify gaps, strengthen safeguards, and support Ukraine in fulfilling its international obligations.

The report provides a thorough assessment of Ukraine’s efforts to prevent torture and ill-treatment and outlines the main concerns regarding its compliance with the UN Convention against Torture. While acknowledging positive steps, such as the development of the National Preventive Mechanism and the partial implementation of the Istanbul Protocol, it addresses key issues including:

• The definition of torture under national legislation and its alignment with international standards
• The effectiveness of investigations into allegations of torture and ill-treatment
• The conditions of detention and the treatment of persons deprived of their liberty
• Fundamental legal safeguards, including the right to legal assistance, access to medical care, prompt notification of a third party upon detention, the right to be informed of the reasons for arrest and any charges, prompt access to a judge to challenge the legality of detention, and the right to appeal against any deprivation of liberty
• The inadmissibility of evidence obtained through torture or coercion
• The right of victims of torture to access effective remedies, including redress, compensation, and rehabilitation
• The mandate and effectiveness of the National Human Rights Institution and the National Preventive Mechanism, as well as the broader framework for independent monitoring of places of detention
• Protection of human rights defenders and the civil society
• The challenges in documenting and investigating torture committed by Russia in the territory of Ukraine and against Ukrainian protected persons

Each section concludes with recommendations to support the government’s efforts to prevent torture and ill-treatment, and to advance meaningful reform and effective implementation of the UN Convention against Torture.

The report is available both in English and Ukrainian.