LONDON, UK - A group of drug-addicted prisoners who said that they were forced to endure “cold turkey” withdrawal are to sue the Home Office in a test case that could prompt compensation claims from almost 200.
The prisoners, or former prisoners, from jails across Britain, have taken group legal action and are seeking substantial damages for the “short, sharp” detoxification that they went through in prison.
They allege that their human rights were violated as they did not give consent, and that their negligent treatment amounted to assault. All are claiming that they suffered injuries as a result of the enforced withdrawal. Six tests cases will now be tried at the High Court in London in November and, if the prisoners are successful, it could lead to all 198 convicts or ex-convicts seeking payouts.
The Home Office is fighting the claims, which could also be directed at private contractors running the jails where 26 of the prisoners involved in the case are, or were, being held. The prisoners all suffered from addiction to opiates such as heroin during their detention while on remand or while serving their sentences.
Mr Justice Langstaff, giving permission for the High Court hearing in November, said that the initial case should be against the Home Office alone. He told the court: “The claimants complain that they entered these prisons in a state of addiction. All claim that their treatment was handled inappropriately and so they suffered injuries and had difficulties with their withdrawal.”
The cases are to focus on alleged deficiencies in the medical treatment of prisoners. Richard Hermer, barrister for the claimants in the Opiate Dependant Prisoner Litigation, which includes prisoners from the public and private systems, said: “There is no distinction between the treatment in private prisons and public prisons. It is exactly the same.”
Mr Hermer said that many of the prisoners were receiving treatment with methadone, a heroin substitute, before they entered prison and that they were upset at the short period of time that they were allowed to continue using opiates after they were jailed.
He added: “Imposing the short, sharp detoxification is the issue.”
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