The High Court upheld the continued segregation of three prisoners at Portlaoise Prison, finding that security evidence justified keeping them apart from the general prison population. It said any continuation must be reviewed by the Director General of the Irish Prison Service at least every three months, with reasons and records provided to the prisoners or their legal advisers.
In a judgment delivered on 25 February 2014, Mr Justice Hedigan refused the other reliefs sought in three judicial review cases. By consent, he declared that the applicants’ detention outside the general population from 26 January to 25 October 2013 had not complied with Rule 62 of the Prison Rules 2007.
The applicants had sought orders ending their segregation or transferring them to another prison, along with declarations that their treatment breached constitutional and European Convention rights. They had been moved from Midlands Prison to Portlaoise in November 2012 after security concerns and an altercation with another prisoner. They were held together in a self-contained unit and could associate with one another for at least three hours a day.
The respondents said the men posed a continuing risk to prison order and safety. Their evidence included intelligence about planned trouble at Midlands Prison, the altercation, and a recorded telephone call in September 2013 that officials believed contained an explicit threat to the governor’s life. The applicants argued that their prolonged isolation was disproportionate and harmed their mental and physical wellbeing. The court noted that a psychologist had described serious potential effects, while also finding that the applicants had misled him about aspects of their prison conditions.
Justice Hedigan said the evidence provided reasonable grounds for the authorities to conclude that segregation was necessary. He accepted that it was an undesirable measure with serious effects, but considered it the minimum necessary response to the security risk. He also noted a planned move to a unit with a gym, kitchenette and classroom, and access to a yard and unlocking on the same basis as the general prison population.
The court said Rule 62 requires written authorisation for segregation beyond 21 days but does not set out a review process for that longer period. Reading the rule consistently with constitutional rights, the judge said the Director General must review continued segregation at least once every three months, or sooner on a non-vexatious request by a prisoner or their legal advisers. The review must be recorded, reasons given promptly, and the prisoner or advisers allowed to consider the grounds before continuation is authorised. The first review was to take place three months from the judgment.