Inhuman Treatment

The European Convention on Human Rights 1950, brought into English law by the Human Rights Act 1998, guarantees your most fundamental human rights, including the rights to freedom from torture, and freedom from inhuman or degrading treatment (Article 3 ECHR).

As well as making it unlawful for the State to deliberately treat someone in an inhuman or degrading way, Article 3 can also require that the States makes sure that prisoners, immigration detainees and other vulnerable individuals are protected from breaches of this right by other people. Article 3 also requires that allegations of torture, inhuman or degrading treatment must be properly investigated.

Hodge Jones & Allen is one of the leading law firms in the UK specialising in human rights cases (Chambers 2016). Our passionate and committed team of solicitors has vast experience in bringing and winning difficult, controversial and high profile cases, and we are dedicated to fighting on your behalf to protect your basic human rights.

Our determined specialist lawyers have expertise in investigating and establishing breaches of Article 3.

We have successfully won compensation for victims who have suffered inhuman or degrading treatment at the hands of the police, the prison service, social services and health service providers. These claims often involve degrading treatment during police arrest and custody or whilst detained in prison.

Article 3 can also apply in other cases. We have brought Article 3 claims for clients who were victims of crime and there has been a failure to investigate that serious crime, such as sexual offences.

Elderly people and those with psychiatric and learning disabilities are particularly vulnerable to abuse and mistreatment. We have acted for clients who have been mistreated whilst in care and can pursue human rights claims against care homes where elderly patients have suffered the effects of substandard care, such as pressure sores, or were wrongly prescribed medicine or injured through careless handling.

Recent cases

Our recent cases in this area include:

  • The case of our client, who was tasered twice by police after breaking up a fight in which he was not involved. We lodged a complaint against the police and took civil action against them for inhuman treatment, assault and false imprisonment. Our client received a significant compensation payment, an apology from the police and reassurance that the police officer would never work for the police again. Our client’s DNA, fingerprints and photographs were also removed from police records.
  • In another case, we secured compensation for a group of protestors arrested at the Dale Farm traveller site. The protestors were left handcuffed in a prison van for five hours without access to toilet facilities and were forced to urinate in the van in view of others.
  • In a series of Article 3 claims, we won compensation for a number of prisoners and ex-prisoners who were forced to endure extreme opiate withdrawal symptoms when taken into custody. The prison service failed to obtain their consent to detoxification, or to provide adequate detoxification from the opiates.

Next steps

To find out more and to see if we can help you, please contact us on our free telephone number 0808 231 6369, or contact us via our website. All communications will be treated in confidence, even where you do not become our client. If we can take on your case, we will give you full details about costs, including advising you about the availability of legal aid and Conditional Fee or “no win, no fee” agreements.

If you might want us to investigate a claim, it is important that you do not delay and you contact us as soon as possible. The law requires that cases are started at court within specific timescales. Most civil claims for compensation (for a breach of human rights) must be issued at court within one year, but to make sure evidence is collected and the case is properly prepared, the sooner you contact us, the better. However, if you think you might be out of time, don’t let this stop you from calling us – we will advise you if this is a problem, and if we can take your case on, we will fight to get your claim heard.

Our inhuman treatment claim specialists are part of our London based human rights team. We have almost four decades of experience helping clients from around the UK with a wide variety of legal matters. For expert legal advice use our contact form or call us on 0808 231 6369 today.

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