The UK High Court has ruled in the case of Desmond Grant & Roger Charles Greaves v Ministry for Justice that the practice of "slopping out" in HMP Albany prison on the Isle of Wight is not in breach of prisoners' human rights.
The applicants argued that their human rights were breached under Article 3 (prohibition of torture) and Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The "slopping out" practice consisted of the use of a bucket for toilet purposes when the prisoners were in a locked cell and the later emptying of the bucket at a sluice.
The Court held that the conditions in the cell were 'more than adequate' for the inmates and found the practice not to be in breach of the Convention. In relation to the alleged breach of Article 3 by slopping, the High Court said that although the sanitation regime was not ideal, Article 3 did not require the provision of an optimal regime. In relation to the alleged breach of Article 8, the High Court said the regime did not substantively lower the dignity of the prisoners, and their privacy was adequately respected. They did not share a cell, and the regime at the sluice did nothing to disrespect the prisoners' private life. Click here to read a more detailed summary of the case on UK Human Rights blog.
Bulletin readers may recall the Irish case of Mulligan v Governor of Portlaoise Prison & Anor which also ruled that the practice of 'slopping out' did not violate the applicant's human rights.
Meanwhile, in Ireland, Liam Herrick, Executive Director of the IPRT has commented on reports issued by the Department of Justice that deal with the issues facing staff and offenders at Irish prisons.
Mr. Herrick stated that the reports emphasise the need for an '"independent and effective complaints mechanism in Irish prisons".
Click here to see an article by the guardian on the Greaves case by the Guardian.
Click here to see a piece on the Irish situation by Journal.ie.