The High Court has found that a London based rabbi accused of carrying out an illegal circumcision on a young child in Dublin, is being lawfully detained in an Irish prison, after being denied bail pending his criminal trial. Within this case the court had to consider an inquiry on Article 40.4.2 of the Constitution on the detention of Rabbi Jonathan Abraham. Ms Justice Nuala Jackson recognised that a deficiency in the rules regarding the operation of Irish prisons had occurred, however held that the conditions of the detention did not require the rabbi to be released from custody.
Essentially Jonathan Abraham argued that his human rights had been violated at Cloverhill Prison. Due to the prison’s failure in providing him with Kosher food, which is a type of food prepared in accordance with Jewish beliefs. He also claimed a further breach of his rights occurred when the prison did not allow him to use Tefillin, a religious apparatus, essential in his Jewish prayer. The prison denied that he was being held unlawfully but accepted that there may have been failings on their part in providing him with kosher food.
The High Court concluded that the detention of the rabbi was lawful, and that the conditions that had occurred did not require him to be released from custody. Ms Justice Nuala Jackson expressly recognised that the failure to provide him with kosher food did cause him severe and understandable stress. She stated that while it was deeply unfortunate that the prison authorities did not remedy this issue sooner, the high level of wrong that is required in order to allow release had not been met. She explained that the level of wrong required the conditions of the detention to be ‘a deliberate violation of constitutional rights or inhumane degrading treatment to seriously endanger life or health where the prison authorities intend to do nothing about’. The court found this level of wrong not to be present. Importantly it was noted that the prison has recognised its shortcoming and expressed its commitment to taking action, to ensure that the issue is resolved.
The prison has now agreed that they will allow the Rabbi to pray with the Tefillin for an hour each day. As well as arrange kosher meals for him in prison. Moreover, the prison authorities insisted on stressing that they had not initially allowed for the Tefillin out of concerns that it would be used as a weapon by other prisoners or to hide contraband. If convicted, Rabbi Jonathan Abraham will face a prison term of up to five years, and a maximum fine of €130,000.