Cages in Courtrooms violate Human Right to Fair Trial and Dignity

July 11, 2025

A courtroom is meant to uphold justice, not resemble a prison. Yet in Ukraine, defendants are still often held in metal cages or glass boxes during trial, a practice long condemned by the European Court of Human Rights (ECtHR). It prejudices public perception, obstructs communication with legal counsel, and undermines basic rights.

To address these concerns, a roundtable was held in Lviv, bringing together the Representative of the Ukrainian Parliament Commissioner for Human Rights in the Lviv region, the Council of Advocates, the Lviv Regional Council, the Western Interregional FLAC, the Territorial Department of the State Judicial Administration, as well as other law enforcement and legal professionals.

The participants focused on how to implement the relevant European Convention on Human Rights articles and ECtHR rulings that found courtroom confinement in cages or boxes incompatible with European human rights standards. These rulings stress the importance of respecting a defendant’s dignity and ensuring the fairness of judicial proceedings.

“Putting defendants in confined spaces in courtrooms, colloquially called cages, aquarium or box, contradicts the presumption of innocence and violates the dignity of a person. The right to a fair trial is impeded, since there is no room for effective communication between defence counsel and his client. This practice stands in contrast to the jurisprudence of the ECtHR and renders Ukraine liable for compensation payment in the future. EUAM supports the initiative of the Ombudsman Institution to safeguard better adherence to human rights standards in court proceedings” said Marcus Rolofs, EUAM FO Lviv Rule of Law Advisor.

There was a broad consensus that such physical restraints should be used only as a last resort in cases of clear security threats – not as a standard courtroom feature.

“As Ukraine has made its civilization choice and moves closer to the EU every effort must be made to bring the process of court hearings in line with the European Convention on Human Rights and EU standards”, said Taras Podvirnyy, the Representative of the Ukrainian Parliament Commissioner for Human Rights in the Lviv region, Ombudsman in Lviv.