Lord Dubs requests the pleasure of your company at Medical Justice’s report launch
“The Second Torture”: The Immigration Detention of Torture Survivors
6.30pm on Tuesday, 22 May 2012 in Committee Room 14, House of Commons
Chair: Lord Dubs
Speakers: Lord Avebury, An Ex Detainee, Dr. Jonathan Fluxman (Chair of Medical Justice) & Natasha Tsangarides (author)
Q & A and Discussion: What can be done to make UKBA implement its own policy?
This report investigates Rule 35, the primary safeguard to facilitate the release of torture survivors and vulnerable people from detention. The report exposes start to end process failure. Of the 50 cases analysed, only one person was released through the Rule 35 process. Despite years of criticism from NGOs and inspectorates, and a series of damning legal judgments, UKBA remains in breach of its own policy.
Two people in the sample claimed asylum in the UK, were detained, disbelieved and then removed to their countries, only to be tortured again. One of these people now has leave to remain on the basis of the risk he faces in his country of origin. In total, 14 of the 50 now have leave to remain and a minimum of 17 individuals are pursuing an unlawful detention claim. All but two have since been released from detention.
The impact of detention on this sample population was astounding. 23% went on hunger strike, of which 50% then needed hospitaliation; 34% experienced suicidal intent/ideation or actual self‐harm; 11 were transferred to hospital as acute emergencies; and there was one near death event.
The Rule 35 process is not fit for purpose. With around 26,000 people entering detention in 2010, there are grave and wide‐reaching implications of the government’s failure to follow its own rules. Last year, the High Court found the circumstances of two people’s detention amounted to inhuman and degrading treatment.
The need for identifying and safeguarding vulnerable individuals cannot be understated.
Medical Justice calls for the immediate effective implementation of Rule 35 and requests that this is demonstrated through an independent audit. The unlawful detention of torture survivors must end.
"The detention centre was the second torture that I had… the first was in DRC and was physical, the second one was psychological”
‐Torture Survivor, detained for 80 days‐
Last Updated on Wednesday, 23 May 2012 05:06