Prisoner Won Compensation of 60 Thousand Hryvnias for Inhumane Detention Conditions in Pre-Trial Detention Center
The Halytskyi District Court of Lviv partially satisfied the claim for compensation for moral damages caused by improper detention conditions in penal institutions.
Case circumstances
The plaintiff, a person with severe consequences of a mine-explosive injury sustained on December 15, 2023, filed a lawsuit against the State Institution "Zakarpattia Penal Institution (No. 9)" and the State Institution "Lviv Penal Institution (No. 19)" seeking compensation for moral damages.
From February 19, 2024, to July 9, 2025, the plaintiff was held in the State Institution "Zakarpattia Penal Institution (No. 9)", and from July 9, 2025, to July 29, 2025, in the State Institution "Lviv Penal Institution (No. 19)".
The plaintiff justified the claim by citing improper detention conditions that humiliated human dignity. In particular, due to paralysis of the left side of the body, he was bedridden and constantly used diapers, but the institution's staff refused to provide proper hygienic care, stating that they were not orderlies. Diaper changes and care were performed by cellmates. Bath visits were extremely rare (the first time was after 4-5 months), often without hot water and without assistance from the institution's staff. Cells No. 744 and No. 766 measured approximately 3 × 4 meters and held 4 persons simultaneously. Lack of ventilation, cockroach infestation (disinsection was conducted only once), poor nutrition (considering serious intestinal problems after abdominal injury), insufficient lighting, absence of outdoor walks and access to sunlight, and failure to provide timely medical care (dressings, painkillers, treatment of fungal infections, etc.) led to physical and mental suffering.
The plaintiff also pointed out the lack of proper assistance in processing documents for disability group establishment and resolving the issue of release from serving the sentence due to health condition. According to the plaintiff, such conditions constitute inhumane treatment that humiliates dignity and violate Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Court decision
The Halytskyi District Court of Lviv partially satisfied the claim in case No. 461/9176/25.
The court recognized that the plaintiff's detention conditions in the State Institution "Zakarpattia Penal Institution (No. 9)" and the State Institution "Lviv Penal Institution (No. 19)" were improper, humiliated his dignity, and violated Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The court established a causal link between the unlawful actions (inaction) of the authorized bodies and the moral damage caused, manifested in physical and mental suffering, feelings of helplessness, humiliation, stress, and disappointment.
The court ordered the State Budget of Ukraine to pay the plaintiff 60,000 hryvnias in compensation for moral damages. The rest of the claims were denied.
The court was guided by Articles 3, 55, 56 of the Constitution of Ukraine, Articles 15, 16, 23, 1166, 1173, 1174 of the Civil Code of Ukraine, the practice of the European Court of Human Rights regarding improper detention conditions, as well as provisions of the Criminal-Executive Code of Ukraine concerning the creation of proper living conditions that comply with sanitary and hygiene rules.
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