The European Court of Human Rights (ECHR) delivered a judgment in the case of *Kovalenko and Others v. Ukraine*, concerning complaints from numerous applicants serving life sentences in Ukraine. The applicants argued that their life sentences lacked a realistic prospect of release, violating Article 3 of the Convention, which prohibits inhuman or degrading treatment. The ECHR found a violation of Article 3 for the period between each applicant’s final sentencing to life imprisonment and March 3, 2023. This date marks when a new parole mechanism in Ukraine became fully operational, offering a realistic opportunity for review of life sentences. However, the Court found no violation of Article 3 for the period after March 3, 2023, acknowledging the positive change in Ukrainian law. The Court considered that the finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the applicants.
The structure of the decision includes sections on procedure, facts, joinder of applications, alleged violation of Article 3, and the application of Article 41 regarding just satisfaction. The decision refers to previous leading cases, *Petukhov v. Ukraine (no. 2)* and *Medvid v. Ukraine*, which established similar violations and clarified the timeline of the issue. The key change from previous rulings is the recognition that the situation of uncertainty regarding the prospect of release for life prisoners in Ukraine was resolved on March 3, 2023, with the implementation of a new parole mechanism.
**:** The most important provision of this decision is the establishment of a clear timeline for the violation of Article 3. The ECHR explicitly states that Ukraine was in violation from the date of the final life sentence until March 3, 2023. This date is critical because it acknowledges the positive impact of the new parole mechanism in Ukraine, offering a clear and realistic prospect of release for life prisoners. This decision provides legal clarity for both the Ukrainian government and individuals serving life sentences, setting a precedent for future cases and potentially influencing penal reform in Ukraine.
