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Dead prisoner’s mother awarded £8,000 over delayed inquest | Dead prisoner’s mother awarded £8,000 over delayed inquest |
(35 minutes later) | |
The European court of human rights has found that there was an excessive delay to an inquest into a Northern Ireland prisoner’s death at a top security jail. | The European court of human rights has found that there was an excessive delay to an inquest into a Northern Ireland prisoner’s death at a top security jail. |
The Strasbourg-based court on Tuesday supported Elizabeth McDonnell’s complaint about the investigation into her son’s death at Maghaberry prison outside Belfast. | The Strasbourg-based court on Tuesday supported Elizabeth McDonnell’s complaint about the investigation into her son’s death at Maghaberry prison outside Belfast. |
James McDonnell died of a heart attack on 30 March 1996. There were allegations that his fatal coronary was caused by prison officers holding him in stress positions inside the jail. | |
The European ruling noted that prison officers were interviewed in March and May 1996 and in May 1997. However, the prosecuting authorities in Northern Ireland gave a direction not to prosecute anyone in connection with the death. | |
An inquest was not held until April 2013, ending a month later. It concluded that a number of factors had led to his death, including initial restraint by prison staff; compression on his neck; control and restraint measures carried out against him; his underlying heart condition and emotional stress. | |
The inquest also found there had been a failure in the duty of care towards prisoners. | |
The European court ruled, in reference to article 2 of the European convention on human rights (the right to life), that Elizabeth McDonnell was justified in complaining about an excessive delay to the inquest. | |
She was awarded €10,000 (£8,000) in damages and €8,000 in costs. | She was awarded €10,000 (£8,000) in damages and €8,000 in costs. |
A spokesman for the Council of Europe said both sides in the case had three months to request that it be referred to the court’s grand chamber for a final judgment. | A spokesman for the Council of Europe said both sides in the case had three months to request that it be referred to the court’s grand chamber for a final judgment. |
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