Maghaberry prisoner suffered human rights breach over lack of drug addiction treatment
A prisoner in Maghaberry who was denied drug addiction treatment for over three years suffered a breach of his human rights, Northern Ireland’s High Court has ruled.
The man, represented by Harte Coyle Collins prison law solicitor Chris McCann, brought a judicial review challenge against the South Eastern Health and Social Care Trust after suffering extreme delays in being assessed for opiate substitute treatment during his imprisonment.
The High Court found that the trust breached his right not to be subjected to inhuman or degrading treatment under Article 3 ECHR; his right to private life under Article 8 ECHR; and his right not to be discriminated against as a prisoner under Article 14 ECHR.
Mr Justice McAlinden granted a declaration under the Human Rights Act 1998 that the man’s human rights were breached as a result of the conditions in which he was detained within the Northern Ireland prison estate.
The prisoner applicant had still not been assessed for the treatment by the time of he was released, having waited over three years to be assessed.
Once he was released, he was assessed and prescribed opiate substitute therapy within three weeks.
Mr McCann said: “This High Court judgment today is a welcome vindication of our client’s human rights and indeed the rights of all those in prison with substance addiction. It shines a light on the inefficiencies of the prison healthcare provided by the trust.
“This case has highlighted the alarming state of affairs within the Northern Ireland prison estate with regards to prisoner access to healthcare.
“Prisoners are entitled to the same level of healthcare that they would receive in the community, yet this is not being delivered, causing unnecessary pain and suffering to prisoners with a knock-on effect to the public at large.
“We hope that this brave judgment brings focus to the funding needs for addictions treatment within the prisons in Northern Ireland.
“If prisoners with addiction issues are assessed and treated in prison and are appropriately medicated on a substitute program and are therefore stable when released, then the risk of them causing harm to the public is greatly diminished.
“In our view it is in everyone’s interest, both for society and the prison population, that prisoners are able to avail of appropriate addictions treatment while in custody.”
The applicant was represented by Mr McCann, Desmond Hutton KC and Mark O’Hara BL.