Killeen -v- Governor of Portlaoise & ors [2014] IEHC 77 (25 February 2014)

Killeen -v- Governor of Portlaoise & ors [2014] IEHC 77 (25 February 2014)

The continued segregation of the applicants is justified and proportionate in light of the risks they pose to prison safety and order, provided that ongoing review by the director general is implemented as outlined. The breach of rule 62 of the Prison Rules 2007 from 26 January 2013 to 25 October 2013 is acknowledged, but no further relief is warranted.

Citation
[2014] IEHC 77
Parties
Applicant: Nathan Killeen; Applicant: Desmond Dundon; Applicant: John Dundon; Respondents: Governor of Portlaoise, Irish Prison Service and Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
25 February 2014
Procedural Posture
Judicial Review / Judgment
Outcome
Application granted in part
Legal Topics
Segregation of Prisoners, Prisoner Rights, Proportionality, Judicial Review, Prison Rules, European Convention on Human Rights
Constitutional Law Prison Law Human Rights Law Segregation of Prisoners Prisoner Rights Proportionality Judicial Review Prison Rules +1 more

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Parties

Nathan Killeen

Applicant

Desmond Dundon

Applicant

John Dundon

Applicant

Governor of Portlaoise, Irish Prison Service and Minister for Justice and Equality

Respondents

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the prolonged segregation of the applicants was lawful and proportionate under the Constitution and the Prison Rules 2007
  2. 2 Whether the respondents breached rule 62 of the Prison Rules 2007
  3. 3 Whether the applicants' constitutional and ECHR rights were violated by their segregation

Ratio Decidendi

The continued segregation of the applicants is justified and proportionate in light of the risks they pose to prison safety and order, provided that ongoing review by the director general is implemented as outlined. The breach of rule 62 of the Prison Rules 2007 from 26 January 2013 to 25 October 2013 is acknowledged, but no further relief is warranted.

Court Disposition

Application granted in part

Orders

  • Declaration (by consent) that detention from 26 January 2013 to 25 October 2013 was not in accordance with rule 62 of the Prison Rules 2007
  • No other reliefs granted