The High Court has found a breach of constitutional rights where a prisoner was kept on 23-hour lockup since February 2014. The lock-up amounted to solitary confinement which was disproportionate and a breach of his right to bodily and psychological integrity.
In McDonnell v. The Governor of Wheatfield Prison, the Applicant is a convicted criminal serving a prison sentence in Wheatfield Prison. Following threats to his safety by other prisoners, the Applicant was put in 23-hour lock-up, in the interests of his safety. This confinement lasted eleven months. He initiated judicial review of this treatment in the High Court, claiming that this treatment amounted to a breach of his human rights.
The Irish Human Rights and Equality Commission appeared as amicus curiae in the case, making oral and written submissions on the human rights and equality implications of the case. The Commission made submissions based on the constitutional right to bodily integrity and freedom from torture and inhuman and degrading treatment under the European Convention on Human Rights.
The Court held that although the Applicant is a prisoner lawfully deprived of his liberty, he still retains other constitutional rights, including the right to bodily and psychological integrity. The Court found that the lockup regime amounted to solitary confinement. The Court held that solitary confinement for eleven months amounted to a clear and sustained violation of the Applicant’s constitutional right to bodily and psychological integrity. This violation was justified by the need to protect the Applicant but was disproportionate to any perceived risk. Because of the harmful psychological effects of solitary confinement, it is only to be used in exceptional circumstances and must be reviewed after three or four weeks.
As a result of this judgment, the order putting the Applicant in confinement has been quashed and the Irish Prison Service is required to review its practice in relation to the segregation of protection prisoners from general prison population.
Review of Irish Prison Service announced
Last week the Inspector of Prisons, Judge Michael Reilly, announced a review of the current culture and operations of the Irish Prison Service.
The Terms of Reference are:
“To carry out an assessment of the current culture within the Irish Prison Service and the extent to which it facilitates or hinders the development of the service and to produce a report with recommendations by 1 September 2015.”
This move was supported by the Minister for Justice and Equality, Frances Fitzgerald who restated her commitment to reform in the area of prisons and penal policy. Meanwhile the Irish Penal Reform Trust welcomed the review and highlighted the urgent need for an overhaul of accountability mechanisms in the Irish Prison Service, including progress on the ‘Inspection of Places of Detention Bill’.