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Home Secretary in systemic breach of Article 3 ECHR

Published:

By a judgment handed down on 30 July 2021, Bourne J held that the Home Secretary was in breach of the duty under Article 3 ECHR to put in place appropriate legal and administrative systems to protect detainees with HIV from harm. Staff were not told about the need to administer antiretroviral medication without delay or how to obtain it.

The Judge also found that the Home Secretary had breached her “operational” or “protection” duty to the Claimant under Article 3 ECHR, in that she had failed to take reasonable steps to provide him with antiretroviral medication when her officials knew, or ought to have known, that he was at real and immediate risk of serious harm.

The Judge awarded the Claimant his costs from 8 March 2021 on the indemnity basis in light of the Home Secretary’s “unedifying” litigation conduct.

Chris Buttler QC acted for the Claimant, with Raza Halim of Garden Court Chambers, instructed by Jamie Bell at Duncan Lewis Solicitors.

Useful links:

The judgment

The Guardian