Published on 17 October 2022
FOURTH SECTION
Application no. 474/22
AB
against the United Kingdom
lodged on 22 December 2021
communicated on 28 September 2022
SUBJECT MATTER OF THE CASE
The applicant, then aged fifteen and suffering from serious mental health problems, was remanded to a young offenders’ institution on 10 December 2016 after pleading guilty to criminal offences. Upon arrival, he was placed on a “single unlock” regime on account of his violent and aggressive conduct in previous custody and to allow a period of time to assess his behaviour. This measure precluded him from leaving his cell when any other detainees were out of their cells. He was allowed out of his cell for around one hour a day to collect his medication, shower, make telephone calls and exercise. For the remaining time, he was locked alone in his cell. This regime continued in place until 2 February 2017.
The applicant brought judicial review proceedings in the High Court invoking his Article 3 rights. His claim and subsequent appeal to the Court of Appeal were dismissed. On 9 July 2021, the Supreme Court concluded that there had been no breach of Article 3 of the Convention on account of his removal from association with other prisoners during the fifty-five day period concerned.
QUESTION TO THE PARTIES
Was the applicant subjected to inhuman or degrading treatment between 10 December 2016 and 2 February 2017, in breach of Article 3 of the Convention, on account of his being placed on a “single unlock” regime?