see url:
https://www.theguardian.com/uk-news/2021/apr/14/priti-patels-detention-policies-found-to-breach-human-rights-rules
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A landmark court ruling has held the home secretary, Priti Patel,
accountable for failures in ensuring that deaths in immigration
detention centres are properly investigated.
Two judges in the immigration court ruled on Wednesday that three of the
home secretary’s detention policies breached human rights rules and that
she could not frustrate or undermine inquiries into these deaths.
The ruling relates to two friends, Ahmed Lawal and Oscar Lucky Okwurime,
both from Nigeria, who were in Harmondsworth immigration removal centre
when Okwurime was found dead in his cell there on 12 September 2019.
Lawal proved to be a key witness, but the Home Office tried to deport
him five days after the death before he could provide any evidence. He
took the case to the high court and a judge halted his removal.
Lawal gave evidence in person at the inquest in November 2020. The
inquest jury found that Okwurime had died unnaturally, as a result of
neglect following a subarachnoid haemorrhage, which can rupture due to
hypertension. His blood pressure reading on 22 August 2019 showed
hypertension. The jury found that this reading was not repeated as a
result of multiple failures to adhere to healthcare policy. Given these
opportunities to repeat this basic medical test on a vulnerable person,
neglect contributed to the death.
Lawal’s legal challenge, which resulted in the ruling, focused on
whether the home secretary can remove a potential witness to a death in
custody before it is clear whether they will be needed as a witness.
The judges found that the home secretary’s decision to remove Lawal to
Nigeria was unlawful as she had failed to take reasonable steps to
secure his evidence relating to Okwurime’s death before starting removal
proceedings.
A replacement policy in August 2020 was also found to be unlawful as it
failed to identify and take steps to secure the evidence of those who
may have relevant information about a death in detention.
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