Landmark Ruling Finds Ministers Breached Human Rights
In a legal first, two senior ministers have been found to have breached the prohibition on inhuman or degrading treatment concerning a prisoner who spent months in extreme isolation. Justice Secretary David Lammy and his predecessor Shabana Mahmood were found responsible for the treatment of Sahayb Abu, a convicted terrorist serving a life sentence.
Four Months of Extreme Isolation
Sahayb Abu was confined to his cell at HMP Woodhill in Milton Keynes for 22 hours each day and prevented from associating with other inmates for more than four months. This extreme segregation occurred after Hashem Abedi, the brother of the Manchester Arena bomber, allegedly attacked prison officers at HMP Frankland in April.
Mr Justice Sheldon ruled that the ministers should have considered Abu's existing mental health issues before transferring him to even more restrictive conditions. The judge found them in breach of article 3 of the European convention on human rights, marking what is believed to be the first instance of ministers being found in violation of this fundamental protection.
Mental Health Crisis in Segregation
In his written judgment, Mr Justice Sheldon emphasised that Abu had a "history of trauma and associated mental health needs" that were ignored. The judge stated: "In the context of a prisoner who has a history of trauma and where there was a failure to obtain an assessment of his needs even though he was known to have mental health issues, and a failure to provide him with any therapeutic treatment to address his trauma, a contravention of article 3 is made out."
The suffering experienced by Abu went "way beyond the inevitable element of suffering that is connected with segregation," the judgment noted. The prisoner developed post-traumatic stress disorder as a result of his treatment, experiencing constant thoughts of suicide and self-harm according to his witness statement.
Abu was already being held in a separation centre for prisoners believed to be at risk of radicalising others before being moved to the even harsher segregation regime. Separation centres, described as small group isolation, have come under increased legal scrutiny this year.
Broader Implications for Prison System
This case follows another High Court judgment in January that found the decision to place Denny De Silva in a separation centre was unlawful. Mrs Justice Hill had previously warned that "research indicates that small group isolation regimes can produce serious and adverse psychological effects similar to solitary confinement."
According to the judgment, separation centres currently house only 12 prisoners across the entire system. However, an independent commission established by the Bingham Centre for the Rule of Law recently highlighted that there is "limited research evidence and evaluation of the effectiveness of separation centres."
The judge confirmed he would consider whether damages are necessary at a later date, leaving open the possibility of compensation for the human rights breaches suffered by Abu during his four months of extreme isolation.
