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A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
Belmarsh Prison. He was transferred to Broadmoor Secure Mental Hospital
in July 2002.
73. The seventh applicant reported a family history of psychiatric
disorder and had experienced depression as an adolescent. He claimed to
suffer increasingly throughout his detention from depression, paranoia and
auditory hallucinations. He attempted suicide in May 2004 and was
transferred to Broadmoor Secure Mental Hospital on 17 November 2004.
74. The tenth applicant, a double amputee, claimed to have been
detained and tortured in Algeria. He suffered a deterioration in his physical
and mental health in Belmarsh Prison. He went on hunger strike in
May/June 2003 and refused to use the prostheses which had been issued to
him or to cooperate with his nurses. Early in November 2003, the prison
authorities withdrew his nursing care. His legal representatives applied for
judicial review of this decision and in December 2003 nursing care was
resumed following the order of the Administrative Court. On 1 November
2004 the tenth applicant was transferred to Broadmoor Secure Mental
Hospital.
75. The European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (CPT) visited the detained
applicants in February 2002 and again in March 2004, and made a number
of criticisms of the conditions in which the detained applicants were held.
The Government rejected these criticisms (see paragraphs 101-102 below).
76. In October 2004, at the request of the applicants’ legal
representatives, a group of eight consultant psychiatrists prepared a Joint
Psychiatric Report on the detained applicants, which concluded:
“The detainees originate from countries where mental illness is highly stigmatised.
In addition, for devout Muslims there is a direct prohibition against suicide. This is
particularly significant given the number who have attempted or are considering
suicide. All of the detainees have serious mental health problems which are the direct
result of, or are seriously exacerbated by, the indefinite nature of the detention. The
mental health problems predominantly take the form of major depressive disorder and
anxiety. A number of detainees have developed psychotic symptoms, as they have
deteriorated. Some detainees are also experiencing PTSD [post-traumatic stress
disorder] either as a result of their pre-migration trauma, the circumstances around
their arrest and imprisonment or the interaction between the two.
Continued deterioration in their mental health is affected also by the nature of, and
their mistrust in, the prison regime and the appeals process as well as the underlying
and central factor of the indefinite nature of detention. The prison health-care system
is unable to meet their health needs adequately. There is a failure to perceive selfharm and distressed behaviour as part of the clinical condition rather than merely
being seen as manipulation. There is inadequate provision for complex physical health
problems.
Their mental health problems are unlikely to resolve while they are maintained in
their current situation and given the evidence of repeated interviews it is highly likely
that they will continue to deteriorate while in detention.