58
A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
not have foreseen when, if ever, they would be released. They refer to the
findings of the Joint Psychiatric Report and contend that the indefinite
nature of their detention caused or exacerbated serious mental health
problems in each of them. The Government dispute this conclusion and rely
on Dr J.’s report, which criticised the methodology of the authors of the
Joint Report (see paragraphs 76-77 above).
130. The Court considers that the uncertainty regarding their position
and the fear of indefinite detention must, undoubtedly, have caused the
applicants great anxiety and distress, as it would virtually any detainee in
their position. Furthermore, it is probable that the stress was sufficiently
serious and enduring to affect the mental health of certain of the applicants.
This is one of the factors which the Court must take into account when
assessing whether the threshold of Article 3 was attained.
131. It cannot, however, be said that the applicants were without any
prospect or hope of release (see Kafkaris, cited above, § 98). In particular,
they were able to bring proceedings to challenge the legality of the detention
scheme under the 2001 Act and were successful before SIAC on 30 July
2002, and before the House of Lords on 16 December 2004. In addition,
each applicant was able to bring an individual challenge to the decision to
certify him and SIAC was required by statute to review the continuing case
for detention every six months. The Court does not, therefore, consider that
the applicants’ situation was comparable to an irreducible life sentence, of
the type designated in the Kafkaris judgment as capable of giving rise to an
issue under Article 3.
132. The applicants further contend that the conditions in which they
were held contributed towards an intolerable level of suffering. The Court
notes in this respect that the Joint Psychiatric Report also contained
criticisms of the prison health-care system and concluded that there was
inadequate provision for the applicants’ complex health problems. These
concerns were echoed by the CPT, which made detailed allegations about
the conditions of detention and concluded that for some of the applicants,
“their situation at the time of the visit could be considered as amounting to
inhuman and degrading treatment”. The Government strongly disputed
these criticisms in their response to the CPT’s report (see paragraphs 101102 above).
133. The Court observes that each detained applicant had at his disposal
the remedies available to all prisoners under administrative and civil law to
challenge conditions of detention, including any alleged inadequacy of
medical treatment. The applicants did not attempt to make use of these
remedies and did not therefore comply with the requirement under
Article 35 of the Convention to exhaust domestic remedies. It follows that
the Court cannot examine the applicants’ complaints about their conditions
of detention; nor can it, in consequence, take the conditions of detention into
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