Felicity Gerry KC Leads UN Application Concerning Treatment of IPP Prisoners

Submission to the UN Special Rapporteur on Torture highlights prolonged detention, mental health decline and systemic failings under the IPP regime.

Dr Felicity Gerry KC leads an application to the UN Special Rapporteur on Torture for 8 IPP prisoners

Last week an application was filed with the mandate for the UN Special Rapporteur on torture. This was based on a report by Dr Felicity Gerry KC which presents the experiences of eight people detained under the IPP regime. The members of this sample group have much in common. They have all been imprisoned far beyond the minimum term prescribed by their sentencing; on average they have each served 516% of their tariff. All have found it difficult or impossible to access rehabilitative programs which would help them demonstrate their readiness for release. They have all experienced a decline in their mental health as a result of their indefinite incarceration. For most this is layered on histories of trauma, violence, childhood deprivation, institutional abuse, and existing or previously undiagnosed mental health conditions.

At least half of them are neurodivergent: with diagnoses for ASD, ADHD and OCD among them. All have been failed by systems that ought to have addressed their needs and progressed them to rehabilitation and release. It is not good enough to punish people as ‘dangerous’ and impose indeterminate detention, without an understanding of their conditions and following a scheme which has no real prospect for liberty.

The report provides case examples that seek direct findings of harm, recommends immediate abolition of the IPP sentence/reduction to a determinate sentence for those affected, with compensation, alternatively an urgent review mechanism in the sentencing court for all people subject to an IPP sentence.

Felicity was instructed by Dean Kingham from Reece Thomas Watson Solicitors who has instructed Felicity in relation to over 90 people subject to IPP sentencing. Research was provided by Phillipa Stafford, Daphne Yuqing Liu, Ben Haveron, Siven Watt and Jiaying Wang.

YOU CAN READ A REDACTED COPY OF THE REPORT HERE

For the full version please contact Dean Kingham.