Irishman wins unlawful detention case in EU court

An Irishman has won his case against the Government over his detention in St Patrick’s Institution for Young Offenders.

The European Court of Human Rights ruled that the State had acted unlawfully in failing to provide the disturbed minor a safe, suitable therapeutic unit.

The court upheld the claim by the 21-year-old man, identified only as DG, that his human rights were violated and his right to compensation denied when he was detained in St Patrick’s in 1997. He was awarded €5,000 in damages and just over €16,000 in legal fees.

However, the court dismissed his claims that, under the European Convention on Human Rights, he had been subjected to inhuman or degrading treatment, he had been denied respect for private or family life and had been discriminated against.

In 1997, DG - who has a criminal record - was ruled by the High Court to be suffering from a personality disorder and posed a danger to himself and others.

It was decided, in March of that year, that he needed to be placed in a high-support therapeutic unit for 16 to 18-year-olds. However, the court decided in June that as there was no such place available within the State, he should be held for three weeks in St Patrick’s Institution until a suitable place could be found. This was deemed the "least offensive" of the various "inappropriate" options available.

The order was renewed on July 18th and again five days later on the ground that temporary "accommodation and care" facilities were being prepared and would be ready by July 28th 1997. However, D.G. absconded from St Patrick’s and was detained again until the end of August, before being moved to temporary accommodation. He was eventually found a suitable short-term place with 24-hour supervision in February 1998.

DG alleged his right to liberty was infringed by his imprisonment. He claimed that, although he was a minor in need of special care, he was held in a prison where his unique status as someone not charged or convicted meant other prisoners thought he was a serious sexual offender.

He said he was insulted, threatened and abused and also hand-cuffed to a prison officer each time he was in court.

The European Court ruled that despite the fact it had been shown by DG’s escaping from St Patrick’s that it was an unsuitable arrangement, the High Court returned him there.

Even if his placement from February 1998 was secure educationally appropriate, the ruling said, it was not in place until over six months after he was originally released from St Patrick’s in July 1997.

It therefore ruled that DG’s detention in St Patrick’s was in contravention of his right to liberty and security under Article 5.1 of the Convention.

Regarding the claims of inhuman punishment, these were dismissed on the grounds that DG was in "protective" custody imposed by the High Court. There was no evidence of abuse by other prisoners and his being hand-cuffed was fair as he was a risk to himself and the public at large.