IWOC ISSUES DEMANDS TO HMP SWALESIDE FOR HEALTHCARE AND DIGNITY

For the attention of HMP Swaleside Governor Lee-Ann Williams,

I am writing to you as a representative of the Industrial Workers of the World (IWW) Trade Union, and our members inside Swaleside prison. 

Our members have faced unprofessional levels of repression for requesting simple adjustments to ensure their working conditions are more liveable and that their human rights are enforced. Right now Ryan Roberts is being denied medical attention for a condition any one of us on the outside would have needed an an ambulance for.

Staff have been rude towards Ryan’s loved ones and refused to provide him any assistance. Ryan’s partner called him an ambulance which was refused entry. Ryan was left struggling to breath, thinking he was dying, for six hours before an inhaler was provided.

Ryan was put on a course of antibiotics to help with his breathing issues, no tests were done to identify what the issue is. Once that course finished he didn’t have any follow-up appointment, not even when his condition worsened which is well below any standard of care, slipping into medical negligence.

Healthcare is a human right. No one should be denied emergency treatment. Already disabled by his asthma, an uncontrolled infection could be doing permanent damage to his respiratory system which will have severe impacts on all other organs, most crucially his brain.

Ryan and other members of G Wing have been denied very basic items such as kettles and toilet roll.

Ryan has also been denied a phone to keep in touch with his loved ones.

Demands– Ryan needs to be seen by a doctor who takes his healthcare seriously– The doctor needs to do relevant tests on Ryan to find out what exactly is wrong. A formal diagnosis is required.– Prescribe Ryan medication for the condition diagnosed.– Ryan having access to inhalers when needed.

– Every prisoner that has been moved to have their property returned to them

– Every prisoner in Swaleside to have a kettle, a TV and a phone in their cells– Every prisoner to have access to sanitary products like toilet roll.

– Increase the cleaning budget so that prison sanitation is at a satisfactory level.

– Improve the drainage situation

– Improve rubbish collection

– Increase wages for all prisoners to UK minimum wage (£12.21)

Legal basis for demands

In Peers v. Greece The European Court of Human Rights held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on HumanRights due to prison conditions which diminished the applicant’s human dignity and given rise in him to feelings of anguish and inferiority capable of humiliating and debasing him and possiblybreaking his physical or moral resistance.

In Kalashnikov v. Russia this same court found the conditions of detention to be degrading partially due to unsanitary conditions.

In Florea v. Romania the ECHR restated that the State had to ensure that all prisoners were detained in conditions which respected their human dignity, that they were not subjected to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that their health was not compromised.

In Canali v. France and Rezmiveș and Others v. Romania and Petrescu v. Portugal the ECHR found the prison to be in violation of Article 3 partially due to failure in maintaining hygienic conditions which had aroused in the applicants feelings of despair and inferiority capable of debasing and humiliating them.

In Vasilescu v. Belgium and Valentin Baştovoi v. the Republic of Moldova the ECHR found that prison conditions reflected the realities described by the European Committee for the Prevention of Torture (ECPT) due to failure in maintaining hygienic conditions.

Yengo v. France and Clasens v. Belgium and J.M.B. (no. 9671/15) and Others v. France and Barbotin v. France further indicates that your inadequate response when we have brought these sanitation issues to your attention entitles our members to further compensation outside the rectification of these issues as there has been a violation of Article 13 (right to an effective remedy) of the Convention.

Conclusion

It is undeniable that HMP Swaleside is responsible for inhuman and degrading treatment given that prisoners are being denied adequate healthcare and adequate sanitation. Furthermore, it seems our members are also entitled to compensation regarding the inadequate response we’ve received from you.

We reserve the right to take further action. 

Regards,

Alexander King

IWW Co-Secretary