Stay up to date with notifications from TheĀ Independent

Notifications can be managed in browser preferences.

Eleven Maghaberry prisoners take legal action over use of solitary confinement

The actions comes after a report by the Criminal Justice Inspection (CJI) found that the practice is in breach of international standards.

Rebecca Black
Tuesday 01 February 2022 16:06 GMT
(PA)
(PA) (PA Archive)

A group of 11 prisoners at Maghaberry Prison are taking legal action over the use of effective solitary confinement.

Representing the group, KRW Law said they are raising serious concerns around the ā€œexcessive use of detention amounting to solitary confinement by the Northern Ireland Prison Service (NIPS)ā€.

They are particularly highlighting the effect of ā€œextensive periods of individual detentionā€ on mental health, contending it ā€œconstitutes breaches of their fundamental human rightsā€.

Earlier this week, a report by the Criminal Justice Inspection found that some prisoners in Northern Ireland are being subjected to effective solitary confinement which does not meet the expected United Nations Standard Minimum Rules.

They found that the facilities in the care and supervision units were inadequate and there were insufficient professional healthcare staff to care for and treat them.

Chief inspector of criminal justice in Northern Ireland Jacqui Durkin said the in-depth review found evidence that the regime experienced by a number of CSU prisoners did not meet the UN standard minimum rules known as the Mandela Rules.

Inspectors have made three strategic and 11 operational recommendations for improvement as a result of their findings.

These have been accepted by the Prison Service.

KRW Law said its clients include Neil Quinn, who until recently was a remand prisoner, and said he was at times locked up for 24 hours, adding ā€œsignificant staff shortagesā€ meant he could not receive the adequate mental health care he needed in prison.

The firm has issued civil proceedings on behalf of Mr Quinn at the High Court against NIPS regarding breaches of the Mandela Rules, seeking damages.

It is also applying for leave to judicially review NIPS policy and practice on the use of care and supervision units.

Jack Murphy, of KRW, said the CJI report ā€œillustrates clear breaches and violations of international human rights and humanitarian standards by the prison authorities in Northern Irelandā€.

ā€œHMP Maghaberry has long had a reputation as a ā€˜failing prison’ but recently its standards appeared to have improved,ā€ he said.

ā€œBut now it is confirmed that regarding extended detention and mental health services the system is failing on a significant scale.

ā€œThe legal action being taken by our client Neil Quinn will seek to secure judicial condemnation and censure of these failures.

ā€œAt present this will be by way of a civil actions for damages and a public law challenge to apply for leave to judicially review of NIPS policies and procedures in this matter which is why we have issued pre-action proceedings to ground a public law challenge.ā€

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in