Medical Justice will asses opportunities to intervene in cases

Medical Justice will asses opportunities to intervene in cases where we have expertise and evidence, especially highlighting what we regard as systemic issues occurring in many or all of the 11 immigration removal centres in the UK.

Such interventions are an excellent way at getting Medical Justice’s expertise to be considered by the courts because we are able to present our evidence in important cases without having to be a party to proceedings. This means that the risks and costs are much lower. We are very lucky to be able to call on high quality lawyers who are willing to work pro bono, whilst the risk of being made to pay the costs of the Home Office is extremely low.

2011 : Medical Justice intervenes in the case of MD (Angola) – denial of HIV medication and care in detention

Medical Justice intervened in this case with the “Detained & Denied” dossier as evidence submitted.  The case was heard in the spring of 2011 in the Court of Appeal which dismissed MD’s claim.

2012 : Medical Justice applies to intervene in the case of HA (Nigeria) * - the mistreatment of a man with mental illness.

HA – who should not have been detained at all – was transferred between hospital and detention centers several times, exacerbating his symptoms. This was found to amount to a breach of Article 3 of the European Convention of Human Rights, which prohibits inhuman and degrading treatment. The relevant detention policy – which had been changed to allow people with mental illness to be detained if they could be satisfactorily managed in detention – was also found to be unlawful. The Home Office have appealed and we hope to present evidence to the Court of Appeal about the inadequacies of mental health treatment in detention centers.

*R (HA (Nigeria)) v Secretary of State for the Home Department (Rev 1) [2012] EWHC 979 (Admin)

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