A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
33
The problems described by the detainees are remarkably similar to the problems
identified in the literature examining the impact of immigration detention. This
literature describes very high levels of depression and anxiety and eloquently makes
the point that the length of time in detention relates directly to the severity of
symptoms and that it is detention per se which is causing these problems to
deteriorate.”
77. For the purposes of the present proceedings, the Government
requested a Consultant Psychiatrist, Dr J., to comment on the above Joint
Psychiatric Report. Dr J. was critical of the methodology and conclusions of
the authors of the Joint Report. In particular, he wrote (references to other
reports omitted):
“I would comment that I find many of the assertions made do not bear close
inspection. For example in the case of [the first applicant] it was my finding after a
careful and detailed assessment that his mental state after imprisonment and then
detention in Broadmoor Hospital was, overall, no worse and arguably no better than it
had been before he was arrested. Nor do his records suggest initial improvement
followed by deterioration in Broadmoor Hospital. I found he deteriorated in HMP
Belmarsh [Prison] because he chose to go on hunger strike and that he had a
fluctuating course in Broadmoor Hospital despite agreeing to eat, his histrionic
behaviour in both places being essentially the same. In his case I found the diagnosis
to be one of personality disorder, diagnoses of major depressive disorder, psychosis
and PTSD not being sustainable. Moreover, it was my finding that his frequent selfharming was indeed manipulative.
...
I am not alone in finding the diagnoses claimed by the authors of this report to be
mistaken and have drawn attention in my own report to the scepticism of some others
who have reported on [the first and seventh applicants]. It is not the case therefore that
there is the consensus of opinion claimed in the report and I note that in both the cases
I assessed [the first and seventh applicants], their so-called psychotic symptoms
claimed by some reporters and said not to be present before they were detained, were
in fact present before they were arrested.
An issue I find to be of the greatest concern relates to the tacit acceptance of
information gained by self-report. It appears to be accepted by the authors of the
report, for example, that three of the detainees had been the victims of detention and
torture and all felt themselves seriously threatened prior to migration. Nowhere have I
seen any evidence to corroborate these claims or indeed any attempt to check them.
As it is the case that immigrants and asylum-seekers need to justify their attempts to
gain entry to another country, is it not possible or even probable that some may not
always be entirely truthful in what they claim about their past experiences or their
current symptoms? Where alleged terrorists are concerned it should be borne in mind
that they have denied such allegations in spite of the open and closed evidence against
them, which has been considered at the highest level. Surely this should raise doubts
about their truthfulness?”