Detention of Victims of Torture
In September 2016 the Home Office brought in new policy to disregard torture carried out by non-state agents when assessing particular vulnerability in detention.
In collaboration with Bhatt Murphy Solicitors and the NGO Medical Justice in Medical Justice & Ors, we successfully argued that the narrowed policy was unlawful. We argued, inter alia, that the distinction between torture perpetrated by the state and that perpetrated by non-state agents was immaterial when assessing particular vulnerability in detention.
On 10 October 2017, the High Court told the Home Office unambiguously that their new policy was ‘unlawful and their actions upon it too were unlawful’, explaining damningly that the new policy had ‘no rational or evidence base.’ The ruling could prevent thousands of vulnerable women and men from being detained.
As one of our clients in the litigation said: “I hope that the decision will benefit other survivors of torture held in immigration detention and it will prevent the Home Office from implementing a policy that will hurt vulnerable individuals in the future.”
In the media: