Special Security Units Cruel, inhuman or degrading treatment

7

"the combination of uncertainty concerning the sentence plan and the length of stay on the unit. together with lack of opportunities for meaningful work, natural visual and auditory stimuli, social contact outside a small group of prisoners, incentives. and physical contact with families and friends, if sustained for several years is likely to lead to significant adverse effects on mental health in a proportion of prisonersTM

Amnesty International believes that the report should be published immediately As a result of the report, the Prison Service stated on 10 February 1997 that the first of quarterly mental health checks would begin in March. The Prison Service also stated that it was considering whether it could provide more opportunities for mental stimulation, physical exercise and work

Three psychiatrists prepared a report on the psychiatric effects of imprisonment in SSUS in January 1997 " They also carried out further psychiatric examinations on five prisoners who had been held in SSUs for lengthy periods of time and who were on trial together for attempting to escape from Whitemoor Prison. They are Peter Sherry, Liam O`Duibhir, Liam McCotter, Andrew Russell and Danny MacNamee. The psychiatrists concluded that the SSU regime "comprises an environment, a set of practices in that environment and a set of rules regarding de-categorisation which constitute a systematic physical and psychological stressor likely to lead to mental and physical disorders"

12

The psychiatrists also concluded that, "four of these defendants have developed mental illnesses which go beyond the ordinary and expected anticipatory anxiety. In each case the men are labouring under cognitive impairments which place them at a disadvantage In comparison with the ordinary defendant" They found that the isolation from their families and the anxiety caused by the inability to communicate straightforwardly with their lawyers combined to produce serious mental illnesses of a depressive nature and, in the case of some of the prisoners, phenomena of depersonalization, severe symptoms of anxiety with panic attacks and severe anxiety disorders. The trial judge hearing the case of six prisoners in connection with an escape from Whitemoor Prison decided in January 1997 that he would not order a retrial because of the mental condition of most of the defendants

The psychiatrists also expressed concern about the systematic frequent use of the segregation units, attached to the SSUs. The psychiatrists were concerned that the use of solitary confinement in the segregation unit in the Whitemoor SSU was not systematically quantified, audited or reported, and that prisoners did not receive information about how long they would be held in the segregation unit. They also criticized the even greater

11

"Psychiatric Effects of Imprisonment in Special Security Units", 13 January 1997

Two of these prisoners, Peter Sherry and Liam McCotter, have recently had their category lowered from "exceptional risk" to "high risk"

42-396 97-8

8

Special Security Units Cruel, inhuman or degrading treatment

restrictions within the segregation unit, including the inadequacy of the exercise yard, the lack of daylight in the segregation unit and the exercise yard; and the arbitrary access to exercise, showers and other facilities

AMNESTY INTERNATIONAL CONCERNS AND RECOMMENDATIONS

Amnesty International is greatly disturbed by the conditions in the SSUs, including "smallgroup isolation"; the lack of adequate exercise, sport, educational and work facilities, the lack of natural daylight and long-distance vision, the lack of adequate medical treatment. and strip-searching and other security measures, including the "closed" visit regime. Many aspects of the SSU regime violate international standards. The conditions, which have led to serious physical and psychological disorders in prisoners, constitute cruel, inhuman or degrading treatment. 13

Article 7 of the ICCPR and Article 3 of the European Convention on Human Rights both require that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Moreover, Article 10(1) of the ICCPR states. "All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person." The Standard Minimum Rules require basic safeguards that should as a minimum be put in place to protect the physical and mental integrity of all prisoners. In addition, international standards stipulate that prisoners should have access to all appropriate medical and psychiatric attention.

The conditions within the SSUS have also seriously interfered with the exercise of remand prisoners` right to a fair trial, both because they undermine the defendants` capacity to prepare their defence and because they restrict the facilities for the preparation of their defence through "closed" legal visits. In the case of the five prisoners mentioned above, the psychiatrists concluded, "their mental capacities to fully engage with and participate in the preparation of their defence in connection with the forthcoming trial has been impaired by these disorders [including depression, anxiety and post-traumatic stress disorder], to an extent greater than would normally be produced by conditions of imprisonment”.

Amnesty International urges the authorities to seek alternatives to the use of "smallgroup isolation" as a regular form of imprisonment. The organization calls on the authorities to ensure that security considerations do not undermine the requirements of international

13

Article 3 of the UN Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states. "No state may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment Exceptional circumstances... may not be invoked as a justification of torture or other cruel, inhuman or degrading treatment or punishment."

Special Security Units: Cruel, inhuman or degrading treatment

standards and to eliminate such aspects of conditions of imprisonment that may constitute cruel, inhuman or degrading treatment. In particular, prisoners' physical and mental health should not deteriorate as a result of punitive measures which appear to be arbitrarily applied in the name of security and which constitute cruel, inhuman or degrading treatment.

The authorities must ensure that prisoners are not held in conditions which violate their right to a fair trial, either because of the imposition of "closed" legal visits or because the conditions pose a risk to prisoners' mental or physical health to such an extent that they are incapable of participating fully in the preparation of their defence.

The government's own inquiry, carried out in 1996. by Sir Donald Acheson, concluded that the conditions in the SSUS could lead to mental illness. The response by the government to date to that report has been totally inadequate. Amnesty International urges the government to publish the report of this inquiry and to act on the recommendations. In particular the organization would draw the government's attention to the need to provide alternatives to small-group isolation; adequate exercise, sport, educational and work facilities; and access to natural daylight and long-distance vision. In addition, the government should address the issues of strip-searching and other security measures, including the "closed" visit regime, the need for the prisoners to have an input into a regular review of their categorization; and the provision of medical and psychiatric examinations as well as treatment.

6

Statement re firing of plastic bullets by RUC

on Garvaghy Road Portadown 11 July 1996

by: Fr Brian Lennon, SJ

I was present at Garvaghy Road on 11 July 1996 during the
disturbances occasioned by the RUC forcing an Orange march
through the nationalist end of the town.

83-88-97 12:15 an 884 of 884

The RUC fired plastic bullets at will. This was very often
done when the policemen concerned were in no physical danger.
Plastic and rubber bullets have already killed over eighteen
people in Northern Ireland. I had publicly condemned the use of
these implements against Orangemen at the Drumcree Church earlier
in the week when several people were injured by them, and I had
no hesitation in also condemning their use on Garvaghy Road.

I have witnessed many riots during my sixteen years of work
for peace and justice in Northern Ireland. At no stage have I
seen the RUC behave as as badly as they did that day. They fired
plastic bullets like confetti. At various times during the
morning and afternoon I was standing between the RUC and the
rioters. The police were in very little danger, otherwise I would
not have been able to continue standing there. By Northern
Ireland standards this was not a very serious riot. The police
frequently shouted at me to get out of the way so that they could
continue firing plastic bullets and I refused to do this. The
reaction by the RUC on the day was entirely unjustified.

I note that at no stage during the very great disturbances
over the miners's strike in England were plastic bullets used. On
what basis, then, does the RUC attempt to justify the use of
these implements against people in Northern Ireland when no other
police force in the UK has used them, even in very difficult

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