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Family should seek justice over prisoner’s cell death
• I WAS shocked to read the report on the inquest into the tragic death of Paul Calvert, who died in the “care” of Pentonville Prison, but heartened to learn his mother is considering legal action against the prison service over the failures which led to her son’s death (‘Systematic failures’ led to prisoner’s suicide in his cell, March 30).
Although owed a legal duty of care, Mr Calvert was found hanged in his cell in October 2004. The “systematic failures” leading to his death are particularly worrying, as he was a father-of-two, with a known history of self-harm and depression.
When the state takes away the liberty of an individual and places him in custody, it assumes full responsibility for protecting that person’s human rights – the most fundamental of which is the right to life.
Article 2, European Convention on Human Rights, imposes on states a positive duty to safeguard life. It may be breached as a result of failing to provide adequate procedures or adequately trained or qualified staff to ensure safety.
Where a death does occur in state custody, the burden is on the detaining authorities to provide a satisfactory and convincing explanation. In the absence of such explanation, Article 2 is breached.
My only child died in state custody in January 2003. In September 2006, the Home Office finally admitted responsibility for her death, and admitted liability for breach of her human rights under the European Convention on Human Rights.
In expressing condolences to the grieving family of Paul Calvert, I would urge them to seek justice over the death of their loved one, and to hold the state to account.
PAULINE CAMPBELL
Malpas, Cheshire |
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