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Conditions
of detention of 'security' detainees are unacceptable
The following document presents some of Amnesty International's
concerns in relation to the conditions of detention of those
detained in the aftermath of 11 September 2001. Amnesty
International believes that the conditions of detention in which
they have been held amount to cruel, inhuman or degrading treatment.
Lock-up
Detainees at Belmarsh Prison are held in small cells for 22 hours a
day. They are allowed one-hour for exercise and the other hour must
be split between association with other detainees, showers, making
telephone calls and using gym facilities.
Arbitrary treatment
One detainee told Amnesty International's representatives that on 18
June 2002 he had been subjected to disciplinary adjudication
proceedings for having breached prison rules as a result of
allegedly having changed his physical appearance without seeking
prior permission from the prison authorities. The change in his
appearance was the result of a haircut. He told Amnesty
International's representatives that he believed that the treatment
meted out to him by the prison authorities was unfair and that he
had been punished for purportedly breaching rules of which he had
not been made aware in the first place. He and other detainees
expressed concern at the fact that there is no information provided
about prison rules in a language that the detainees understand.
Inadequate health care
Amnesty International is concerned by reports that detainees are not
receiving adequate health care. One detainee was being refused a
hospital examination, which had been booked before his arrest, while
another was not receiving physiotherapy. Following a prison
transfer, one detainee was told he would have to wait and see a
doctor before he could be given prescribed medication and put on a
special diet again. One man was still waiting, after five months, to
receive dental treatment; another for a colon condition. |
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Impeded access to legal advice
Detainees have been denied prompt access to a solicitor.
For example, upon their arrest and detention at Belmarsh Prison,
none of the detainees were provided with the means, information or
facilities to contact solicitors. All were refused permission to
make telephone calls to solicitors, whether they had pre-existing
solicitors or not. It was reported to Amnesty International that
some of the detainees had to wait for about a week to see his
solicitor. This is despite the fact that the ATCSA detainees
received not only an order of certification under the Act, but also
an order for deportation, printed in English, informing them they
had five days to appeal.
Amnesty International has also been concerned about reports that
legal visits were being hampered by the failure of the Belmarsh
Prison authorities to ensure that lawyers and their clients were
able to avail themselves of the full amount of time allocated for
the legal visit.
Restricted contact with the outside world
Even when detainees have been transferred from one prison to
another, they must apply to the prison authorities for clearance for
each person they wish to call, including a lawyer, even if the
people are the same who had previously been approved by the prison
authorities. Some detainees were therefore unable to contact their
families in London for between 2-3 weeks and it can take over two
months to get "clearance" to telephone family members
abroad. In February, one detainee stated that although he had been
informed that his father had died abroad, he still was not permitted
to call his mother, although clearance had been obtained for calls
to his mother while he was detained at another prison.
In February, detainees complained to Amnesty International's
representatives that they were being subjected to "closed"
visits with their family, even more than two months following their
arrival at Belmarsh Prison. It was reported that social visits were
being tape-recorded, and that a prison officer was present during
the whole visit, despite the glass screen. Detainees stated that
they were strip-searched before and after every visit.
Detainees also complained in February that they were being denied
their full allocation of social visits. Some detainees reported
that, although they were allowed two visits per week, in practice
they were getting two visits per month.
Initially, they were only allowed to communicate with family members
in English or have an interpreter. One detainee complained that on
one occasion, although he had applied for his visit and the
interpreter two weeks before the visit took place, on the day of the
visit he was told that the interpreter would not be present and that
he was to conduct his conversations in English. When he inquired
further about the absence of the interpreter, he was informed that
the interpreter was not being admitted to the unit, as she was
refusing to remove her headscarf. The visit was conducted in
English, except for the last 30 minutes, when the interpreter
appeared.
Exercise of religion
In February 2002, the detainees complained to Amnesty International
that they had not had access to an imam in Belmarsh Prison and that
initially they had been given extremely limited time for religious
worship. The detainees informed Amnesty International
representatives that they took turns leading the prayers.
The organization's representatives were also informed that on 23
December 2001, during a prayer service, a prison guard entered the
room and told them to finish up earlier than expected; when one of
the detainees, who was leading the prayers, did not reply, because
-- in accordance with religious custom -- he was unable to do so in
the middle of the prayer, he was punished by being placed on
"basic regime" for three weeks -- without a hearing and
without the right to contest the decision. The "basic
regime" consists of losing one of the two hours to be spent out
of the cell and a cut in visiting time.
Many of the complaints received by Amnesty International in February
were repeated during Amnesty International's meetings with detainees
in June. |