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| Prisoner is suicide risk after more than two years in solitary, high court hears | Prisoner is suicide risk after more than two years in solitary, high court hears |
| (4 months later) | |
| Kevan Thakrar, who is serving a life sentence, has begun a judicial review, claiming his isolation from other prisoners is unlawful | Kevan Thakrar, who is serving a life sentence, has begun a judicial review, claiming his isolation from other prisoners is unlawful |
| A prisoner’s detention in solitary confinement in England for more than two years has been “wholly unnecessary” and has made him suicidal, the high court has heard. | A prisoner’s detention in solitary confinement in England for more than two years has been “wholly unnecessary” and has made him suicidal, the high court has heard. |
| Kevan Thakrar, 36, who is serving a life sentence for murder and attempted murder after being convicted on a joint enterprise basis in October 2008, is challenging his solitary confinement, claiming it is unlawful. | Kevan Thakrar, 36, who is serving a life sentence for murder and attempted murder after being convicted on a joint enterprise basis in October 2008, is challenging his solitary confinement, claiming it is unlawful. |
| He has spent 749 consecutive days – and five of the last eight years – in a designated cell, totally isolated from other prisoners, within a high-security close supervision centre (CSC), a judge was told on Tuesday. | He has spent 749 consecutive days – and five of the last eight years – in a designated cell, totally isolated from other prisoners, within a high-security close supervision centre (CSC), a judge was told on Tuesday. |
| Opening Thakrar’s judicial review in London against Alex Chalk, the new justice secretary, Nick Armstrong KC said in written submissions: “He remains locked up on his own for more than 22 hours a day; he cannot associate with any other prisoner; he has no access to corporate [non-solitary] worship; he cannot work and he cannot attend education classes; he can exercise alone in a cage, he has no access to a gym. | Opening Thakrar’s judicial review in London against Alex Chalk, the new justice secretary, Nick Armstrong KC said in written submissions: “He remains locked up on his own for more than 22 hours a day; he cannot associate with any other prisoner; he has no access to corporate [non-solitary] worship; he cannot work and he cannot attend education classes; he can exercise alone in a cage, he has no access to a gym. |
| “C [the claimant] feels that his transfer to segregation was an ‘unofficial punishment’ which felt as though it was designed to ‘break him’ – it caused him to have suicidal thoughts. Being held in these conditions is causing C to experience helplessness and despair on an ongoing basis.” | “C [the claimant] feels that his transfer to segregation was an ‘unofficial punishment’ which felt as though it was designed to ‘break him’ – it caused him to have suicidal thoughts. Being held in these conditions is causing C to experience helplessness and despair on an ongoing basis.” |
| Thakrar, who watched proceedings via video link from HMP Belmarsh, was originally placed in a CSC after he used force against prison officers at HMP Frankland in March 2010. Armstrong said this continued to be cited as a justification for the conditions in which his client was held, despite the fact that Thakrar was acquitted at trial by a jury who accepted that his use of force against officers was reasonable and lawful because he anticipated an assault on him. | Thakrar, who watched proceedings via video link from HMP Belmarsh, was originally placed in a CSC after he used force against prison officers at HMP Frankland in March 2010. Armstrong said this continued to be cited as a justification for the conditions in which his client was held, despite the fact that Thakrar was acquitted at trial by a jury who accepted that his use of force against officers was reasonable and lawful because he anticipated an assault on him. |
| He said prison staff “reacted furiously to the acquittal”, and added: “The concern is that this has become an enduring source of serious resentment which has coloured the Prison Service’s attitude towards C ever since.” | He said prison staff “reacted furiously to the acquittal”, and added: “The concern is that this has become an enduring source of serious resentment which has coloured the Prison Service’s attitude towards C ever since.” |
| Armstrong told the court there had been a failure to comply with the requirement to regularly review Thakrar’s segregation, and the reasons given for his solitary confinement were confused, inconsistent and arbitrary. These included alleged “non-engagement”, particularly with psychologists, which Armstrong claimed “can never be a proper basis for prolonged solitary confinement, and the policy which permits that is unlawful”. | Armstrong told the court there had been a failure to comply with the requirement to regularly review Thakrar’s segregation, and the reasons given for his solitary confinement were confused, inconsistent and arbitrary. These included alleged “non-engagement”, particularly with psychologists, which Armstrong claimed “can never be a proper basis for prolonged solitary confinement, and the policy which permits that is unlawful”. |
| The barrister said it was also alleged that Thakrar was disruptive when on a main CSC unit – not in solitary – despite the fact that his client had been attacked by other prisoners and not responded with violence. Armstrong cited a November judgment against the Ministry of Justice, which led to it paying damages to Thakrar, a practising Muslim, for failing to protect him from racial and religiously motivated abuse and assaults by other CSC prisoners between 2012 and 2019, and failing to investigate such incidents. | The barrister said it was also alleged that Thakrar was disruptive when on a main CSC unit – not in solitary – despite the fact that his client had been attacked by other prisoners and not responded with violence. Armstrong cited a November judgment against the Ministry of Justice, which led to it paying damages to Thakrar, a practising Muslim, for failing to protect him from racial and religiously motivated abuse and assaults by other CSC prisoners between 2012 and 2019, and failing to investigate such incidents. |
| The court heard that another reason used to justify Thakrar’s solitary confinement was an indirect comment he is said to have made about a prison offender manager in April 2021. Armstrong said Thakrar denied the allegation, which was never formally proved and was “obviously incapable of justifying two years and counting of solitary confinement”. | The court heard that another reason used to justify Thakrar’s solitary confinement was an indirect comment he is said to have made about a prison offender manager in April 2021. Armstrong said Thakrar denied the allegation, which was never formally proved and was “obviously incapable of justifying two years and counting of solitary confinement”. |
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| Thakrar, whom psychologists have assessed as suffering from PTSD – although the defendant disputes this – is asking the judge to rule that his human rights have been breached and order that he be transferred out of solitary confinement. | Thakrar, whom psychologists have assessed as suffering from PTSD – although the defendant disputes this – is asking the judge to rule that his human rights have been breached and order that he be transferred out of solitary confinement. |
| In oral submissions, Armstrong told Mrs Justice McGowan: “This is one of the dark places where the spotlight is not shone very often … That’s what we are asking you to do.” | In oral submissions, Armstrong told Mrs Justice McGowan: “This is one of the dark places where the spotlight is not shone very often … That’s what we are asking you to do.” |
| The defence will make its submissions on Wednesday. | The defence will make its submissions on Wednesday. |
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