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Upper Tribunal finds Ukrainian prison conditions breach Article 3 ECHR in landmark country guideline case

Wednesday 22 March 2017

In a landmark decision, the Upper Tribunal has accepted that there is a real risk that detention and imprisonment conditions in Ukraine will breach Article 3 of the European Convention on Human Rights (ECHR). Mark Symes of Garden Court Chambers’ Immigration Team represented both appellants in the Upper Tribunal.

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Based on a close analysis of the latest Strasbourg decisions governing the circumstances in which prison conditions will amount to inhuman and degrading treatment, the Upper Tribunal accepted that there is a real risk that detention and imprisonment conditions in Ukraine will breach Article 3 ECHR.

The Upper Tribunal also accepted that convicted criminals, including persons who evaded military service and were sentenced in absentia, face a real risk of detention upon their return to Ukraine.

Mark Symes is a member of Garden Court’s Immigration Team. He led Sophie Panagiotopoulou of Staple Inn Chambers and was instructed by Yemets Solicitors.

For more information, the full judgment is available: VB & Anor (draft evaders and prison conditions : Ukraine) (CG) [2017] UKUT 79 (IAC) (6 March 2017)

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