Pre-trial detainees’ barriers to enforcing rights and accessing justice from detention
This report presents the findings of research conducted within the framework of the DIGNITY project “Bridging views for a rights-based approach to pre-trial detention”, funded by the Justice Programme of the European Union, which examines access to justice for pre-trial detainees in Europe. Building on earlier research by the French National Centre for Scientific Research (CNRS) and the European Prison Litigation Network (EPLN), the study investigates the legal, procedural, and structural barriers that detainees, particularly those held on remand, face in challenging violations of their fundamental rights in detention, and the extent to which existing legal frameworks, remedies, and support mechanisms render such litigation effective in practice.
Focusing on Greece, Portugal, and Ukraine, the study situates national experiences within broader international and regional standards, with a view to advancing protections for one of the most vulnerable groups in the criminal justice system. The three countries have in common that they have been required to address structural problems in their prison systems and to establish effective remedies in this respect. The case of Ukraine is however more resistant to comparison, considering the penitentiary and judicial systems are forced to operate in a war context. As we shall see below, the process of accession of Ukraine to the European Union implies the implementation of harmonisation policies, particularly in the judicial and penitentiary fields.
By linking international standards, national realities, and empirical evidence, the study seeks to advance both understanding and policy reform. The report is intended as a resource for legal practitioners, policymakers, and civil society actors working to improve the protection of detainees’ rights.
The report is available here.
