The High Court has ordered the surrender of an anonymised respondent, R.O., to the United Kingdom on two European Arrest Warrants, finding no substantial grounds to believe R.O. would face a real risk of inhuman or degrading treatment at Maghaberry Prison.
In a judgment delivered on 2 November 2018, Ms Justice Donnelly considered information supplied by the issuing judicial authority about how Northern Ireland’s prison service would assess and manage risks to R.O. The case returned to the High Court after a preliminary reference to the Court of Justice of the European Union on the effect of Brexit. The parties made no further submissions on that issue after the CJEU’s ruling; the remaining central question was the risk posed by prison conditions.
R.O.’s counsel argued that reports showed serious shortcomings in care for vulnerable prisoners, including concerns about Supporting Prisoners At Risk care plans and responses to self-harm. Counsel also relied on reports of deaths in custody, including a recent death at Maghaberry, and argued that the information provided did not identify the regime R.O. would face or adequately address combined risks.
The issuing judicial authority said that known threats would trigger immediate, tailored management measures, supported by information-sharing between the Northern Ireland Prison Service and police. Prisoners are assessed on committal by reception staff and healthcare professionals. The information described separation arrangements for prisoners identified as enemies, risk assessments for cell sharing, support for vulnerable prisoners, and suicide and self-harm prevention procedures.
The judge said the response described how specific threats to R.O. would be investigated and addressed, while an individual plan could only be prepared at or around committal, when risks could be assessed in context. The court did not accept that the prison service’s approach of assessing risk to individuals rather than assigning risk to particular offences created a real risk to R.O. It also found that the reported recent death did not, by itself, establish such a risk.
The court concluded that the prison service’s risk assessment and prevention procedures meant there were no substantial grounds to believe R.O. would face a real risk of inhuman or degrading treatment if surrendered. It therefore made an order for surrender in respect of both warrants. The judgment determines the surrender issue; it does not determine the underlying charges.