‘Breach of human rights for detainee who was subjected to constant observation for 75 days’


Re: IS (Bangladesh) v SSHD [2019] EWHC 2700 (Admin)

The claimant challenged the legality of his detention for a period of 28 months pending his deportation. He says that it was unlawful to detain him for that period of time having regard to his young age (he was 18 when first detained), his mental health, history of self-harm and risk of suicide, and the conditions of his incarceration. He claims a violation of his rights under the ECHR, art 3, 5 and 8.

Held: The detention of the Claimant between 28 July 2016 and 29 June 2018 was lawful and did not involve a breach of his Convention rights. The detention of the Claimant between 29 June 2018 and 30 November 2018 was unlawful and amounted to a breach of his right to liberty under Article 5 ECHR. His treatment of being subjected to constant observation for a period of 75 days whilst unlawfully detained amounts to a separate breach of the right to respect for private life under Article 8 ECHR. There was no breach of the prohibition on inhuman or degrading treatment under Article 3 ECHR.

Nick Armstrong and Ayesha Christie were involved in this case.