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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