A convicted terrorist and drill rapper has successfully argued that his human rights were breached when prison authorities kept him segregated from other inmates following an incident involving the brother of the Manchester Arena bomber.
The case of Sahayb Abu
Sahayb Abu, from Dagenham in east London, received a life sentence with a minimum term of 19 years in 2021 for plotting a lone wolf knife attack during the coronavirus lockdown. The unemployed convict purchased an 18-inch sword, a knife, balaclavas and body armour online as he prepared to carry out his terror strike.
Abu's legal troubles deepened when he was moved to HMP Frankland in County Durham last year. His segregation began after fellow inmate Hashem Abedi, brother of Manchester Arena bomber Salman Abedi, allegedly attacked several prison officers on April 12. Abedi has since denied attempting to murder three prison officers and assaulting a fourth.
Legal challenge and judgment
Following the incident, Abu was transferred to HMP Woodhill in Buckinghamshire and segregated on April 17 before being moved again to HMP Full Sutton in East Yorkshire. He initiated legal action against the Ministry of Justice in August, with his lawyers claiming that except for an eight-week period when he could associate with one other inmate, he had been prevented from mixing with others.
During an October hearing, Abu's barristers argued that this continued segregation was unlawful and breached articles three and eight of the European Convention of Human Rights. These articles protect against torture and inhumane treatment and guarantee the right to private and family life.
In a judgment delivered on Tuesday, Mr Justice Sheldon found the segregation "cannot be justified substantively" and indeed interfered with Abu's human rights. The judge stated: "The suffering that the claimant has experienced goes way beyond the inevitable element of suffering that is connected with segregation."
Mental health impacts
The court heard disturbing details about Abu's mental state during his segregation. Medical experts told the High Court that Abu suffered from auditory and visual hallucinations along with PTSD and severe depression, conditions that were "seriously exacerbated" by his isolation.
Mr Justice Sheldon noted in his 149-page judgment that for approximately four months of Abu's segregation, he could only see and speak to other prisoners through his cell windows and was allowed out of his cell for just one hour and ten minutes daily. The judge found that the MoJ failed to "provide him with any therapeutic treatment" despite Abu's history of trauma.
Abu himself reported becoming "paranoid" and "very reclusive", feeling "constantly fearful" and hearing a "growling man's voice in my head". The mental health support provided had not mitigated his symptoms of trauma and distress.
The Government had opposed the legal challenge, but Mr Justice Sheldon concluded that the MoJ's decisions to continue Abu's segregation were unlawful. The judge said he would "consider representations" about what steps should be taken following this significant ruling.
