“Unconvicted prisoners shall be kept out of contact with convicted prisoners so far as the governor considers it can reasonably be done, unless and to the extent that they have consented to share residential accommodation or participate in any activity with convicted prisoners”
“Governor Holland stated that Governor Parker has said that the new regime is not going to change. Mr Ahmad [a detainee]said the regime was going to be reviewed. Governor Holland said he did not know about any reviews”
“Nothing in this rule shall require a prisoner to be deprived unduly of the society of other persons”
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment”
“ensure that a person is detained in conditions which are compatible with respect for his human dignity, that the manner and method of the execution of the measure do not subject him to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given the practical demands of imprisonment, his health and well-being are adequately secured”
“...regard must be had to the particular conditions, the stringency of the measure, its duration, the objective pursued and it effects on the person concerned”
‘Whether the high Article 3 threshold for inhuman and degrading treatment is crossed depends on the facts of the particular case. There is no common standard for what does or does not amount to inhuman or degrading treatment throughout the many different countries of the world’
“1Everyone has the right to respect for his private and family life, his home and his correspondence. 2There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”
“25. The change of regime was brought about due [to] the information I received that Mr Othman was considered to be such a potential risk in the community that the judge at the SIAC hearing determined that he should be returned to custody despite his stringent bail conditions (which included a 22 hour curfew). I was concerned about his inability to influence events, both inside and outside the prison. I had increasing concerns about his significant influence on a large and increasing group of young men serving long sentences at Long Lartin in addition to his disruptive behaviour and incitement of other prisoners as evidenced by the events at Belmarsh. My assessment is that there is a real possibility of radicalisation of the mainstream population if Mr Othman, who is held in high esteem by some Muslim prisoners, is allowed to integrate. I am aware that Mr Othman is considered to be a man of considerable influence throughout the Middle East. My fears are confirmed by the fact that Mr Othman’s name has been used by terrorist groups holding hostages, demanding his freedom in exchange for their lives (see, for example, a news report relating to the killing of Edwin Dyer, which I attach at Exhibit FP1).”
“we have to act, often on our gut feeling on what’s going on and what is likely to happen”, See Parker cross-examination Day 2/page 22 lines 4 – 22. we find his decision was not simply based on a “gut feeling”
“1.4 A number of studies have examined the treatment of alleged terrorist detainees within high security settings. A primary finding is that indefinite detention can have a negative impact on both the mental and physical health of detainees if it corresponds with a significantly restricted regime and loss of control over their lives. High rates of mental distress have been found in studies examining the impact of small group confinement and, independent of a previous history of mistreatment which carried its own risks, detention in high security settings was shown to constitute a separate challenge to mental health. 1.6 The holding of detainees in a high security prison requires a careful balancing of risks and needs. Integrating them with mainstream high security prisoners carries a risk of hostility towards them, and even assault, or the possible radicalisation of mainstream prisoners by detainees; both serious risks that the Prison Service must manage. The fact that they were held separately acknowledges their difference from mainstream prisoners, yet necessarily involves isolation and a restricted regime. It also risks the conditioning of staff. It does, however, allow for some modification of prison procedures that are inappropriate or unnecessary for detainees.”
‘… having no time frame or clear exit strategy, this can erode the individual’s responsibility and ability to provide reassurance or a sense of future together’
‘Mr Bary was suffering from a depressive disorder of probable moderate intensity’
‘Mr Bary suffers from a recurrent depressive disorder, the current episode of which is most probably moderate to severe with biological symptoms (i.e. sleep and appetite disturbance). ... In my opinion, it is difficult to quantify objectively the change to Mr Bary’s mental state since the introduction of the new regime in the Detainee Unit… however, in my opinion, on the balance of probabilities, Mr Bary’s mental state deteriorated subsequent to the regime change.’
‘I have no hope ... my life has gone’
“If he were subject to the extreme social isolation, reduced environmental stimulus and poor educational or exercise opportunities that I understand apply in administrative detention, then he would be stripped of all his coping mechanisms and would become at very high risk of severe depression.”
“It is likely that Mr Ahsan’s mental state will further deteriorate under the stressful conditions of the new regime, given the cumulative impact of stressors associated with the new regime, and absence of ameliorating or supportive factors which had been available prior to the imposition of the new regime (e.g. the provision of a structured timetable with activities that Mr Ahsan found meaningful, such as opportunities for study and developing his capacity to interact with others). It should be noted that by virtue of his Asperger syndrome and depressive disorder, Mr Ahsan is an extremely vulnerable individual who from a psychiatric perspective would be more appropriately placed in a specialist service for adults with autistic disorders and co-morbid mental health problems, with the level of security dictated by his risk assessment.”
“In summary, within any prison setting The Prison Service has to strike a careful balance between security and care; this is often a very difficult challenge and one I feel that The Prison Service addresses in good faith. The detainee unit is even more of a challenge and they have tried to improve matters as best they can. The change in regime is another aspect that the detainees have struggled to adapt to. It sits on top of fears around an uncertain future, limitations in structure and activity, separation from, loved ones, boredom and lack of trust to name a few. Though these might be present in other prisons and other units they seem to be greater in this particular unit. A number of the detainees have pre-existing mental health difficulties and not surprisingly as they are perhaps more vulnerable the effects are more obvious. As time passes there is a cumulative effect and though psychiatric services can provide amelioration, addressing the cause whenever possibly is usually the preferable strategy.”
“It is clear that the Appellant's actions legitimise and provide a religious justification for acts of serious violence and terrorism against all manner of persons including ordinary civilians. His views are sought by terrorist groups for that purpose. He preaches violence and seeks to radicalise his audience to an extremist Islamist point of view in which aggressive violence is justified as defence.”
“It cannot now be disputed that there is evidence available to the United States which appears to implicate both claimants in offences of the first order of gravity.”