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UK terror prisoners' segregation for extended periods ruled unlawful UK terror prisoners' segregation for extended periods ruled unlawful
(about 1 hour later)
Two high-profile terrorist prisoners who were segregated for extended periods have won challenges at the UK’s highest court. Two convicted terrorists were illegally held in solitary confinement in prison, the supreme court has ruled.
Five supreme court justices in London allowed appeals by ricin plot conspirator Kamel Bourgass and “liquid bomber” Tanvir Hussain. Kamel Bourgass, who is serving a life sentence for the murder of a police officer, and Tanvir Hussain, serving life for involvement in a terrorist conspiracy, were held in segregation longer than was permitted.
In March 2012, the pair failed to persuade appeal judges that their treatment was unlawful. The five justices who considered the case unanimously declared that holding the men under such conditions for a prolonged period was unlawful because it breached prison rules.
Bourgass, the court heard, was locked in his cell for 23 hours a day and denied association with other prisoners. He was was prevented from taking part in work or education for several months – partially, it was claimed, because he had fought another inmate.
Hussain was subject to similar conditions. Cellular confinement, the court said, can only be imposed for a maximum of 21 days.
They were alleged to have intimidated and bullied other inmates over matters of faith, and authorities in their respective jails had considered it was necessary to separate them from other prisoners “for good order and discipline”.They were alleged to have intimidated and bullied other inmates over matters of faith, and authorities in their respective jails had considered it was necessary to separate them from other prisoners “for good order and discipline”.
Both men denied accusations that they tried to influence and dictate the beliefs of other prisoners.Both men denied accusations that they tried to influence and dictate the beliefs of other prisoners.
The supreme court unanimously ruled on Wednesday that their segregation was not lawful after initial periods of 72 hours. The judges granted declarations in each case that the “appellant’s segregation beyond the initial period of 72 hours was not authorised, so was unlawful”. “That maximum,” the justices said, “reflects the well-known risks which solitary punishment poses to the mental health of those subjected to it for prolonged periods.”
They added: “In each case the appellant’s segregation beyond the initial period of 72 hours was not authorised, so was unlawful.”
The pair had also raised human rights issues – they claimed their rights had been violated – but that aspect of their case was rejected by the supreme court.The pair had also raised human rights issues – they claimed their rights had been violated – but that aspect of their case was rejected by the supreme court.
Bourgass, an Algerian, is serving 17 years for conspiracy to commit public nuisance by using poisons or explosives in relation to the 2002 ricin terrorist plot. He is also serving a life sentence for murdering DC Stephen Oake, 40, with a kitchen knife during his arrest at a flat in Manchester in 2003. Bourgass, an Algerian, is serving 17 years for conspiracy to commit public nuisance by using poisons or explosives in relation to the 2002 ricin terrorist plot. He is also serving a life sentence for murdering DC Stephen Oake, 40, with a kitchen knife during his 2003 arrest at a flat in Manchester in 2003.
He injured four other officers during that attack and is serving sentences for attempted murder of two officers and wounding a third.He injured four other officers during that attack and is serving sentences for attempted murder of two officers and wounding a third.
Hussain was one of three men convicted of a plot to launch suicide attacks on flights from Heathrow to the US and Canada using liquid bombs made of hydrogen peroxide hidden in soft-drink bottles. He is serving life with a minimum tariff of 32 years.Hussain was one of three men convicted of a plot to launch suicide attacks on flights from Heathrow to the US and Canada using liquid bombs made of hydrogen peroxide hidden in soft-drink bottles. He is serving life with a minimum tariff of 32 years.
While detained at HMP Whitemoor in Cambridgeshire, Bourgass was segregated from 10 March 2010 until 22 April and again from 23 April until October or November of that year.While detained at HMP Whitemoor in Cambridgeshire, Bourgass was segregated from 10 March 2010 until 22 April and again from 23 April until October or November of that year.
Hussain was segregated at HMP Frankland in County Durham from 24 April 2010 until October 2010.Hussain was segregated at HMP Frankland in County Durham from 24 April 2010 until October 2010.