Prisoner's human rights not breached during Covid

Wayne Mellor was arrested for breaking covid rules in April 2020

Confining a prisoner to his cell all day at the start of the coronavirus pandemic was not a breach of his human rights, a court has ruled.

Wayne Mellor's case against the Department of Home Affairs (DHA) argued he faced degrading or inhumane treatment at the Isle of Man Prison in April 2020.

But the claim, which alleged he was denied adequate medical treatment and food, and was held in unsanitary conditions, was dismissed.

In the judgement, Deemster Christopher Cope said conditions in the prison's isolation wing for new prisoners were an “exceptional measure for exceptional times”.

Mr Mellor was arrested on 18 April 2020 for breaking the island's Covid lockdown rules and was sentenced to 28 days in custody.

'Robust measures'

He argued that the conditions, where inmates were not allowed to leave their cells, and food and medicine was dropped off once a day, breached the European Convention of Human Rights.

Mr Mellor also raised concerns he was only allowed to shower on day 8, but the the DHA said facilities would have required disinfection after every use, which could not have been managed due to a serious staffing shortage.

Delays in providing medicine and the substitution of methadone for Buprenorphine, which he said led to him suffering withdrawal symptoms, formed another part in the his claim.

He also argued the DHA had not upheld its duty of care to to look after the wellbeing of inmates.

However, Deemster Cope ruled that access to healthcare and treatment was "more than adequate", and the extreme measures were introduced to protect detainees and staff from the virus, upholding the DHA's duty of care.

Claims by four other prisoners made at the same time were settled out of court by the department.

In a statement after the ruling was published, the DHA said while it appreciated the measures were "particularly difficult" for staff and prisoners, "robust measures" were needed to ensure its continued safe and secure operation as the only prison on the island.