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Author: anthony

Medical Justice evidence for the Joint Human Rights Committee – Inquiry into the Human Rights of Asylum Seekers in the UK

The Commons’ and Lords’ Joint Committee on Human Rights is conducting an inquiry into the rights of asylum seekers in the UK, with a view to identifying human rights concerns. This includes looking at whether rules on detention and processing, and the treatment of detained asylum seekers, are consistent with the UK’s human rights obligations.

In December 2022 Medical Justice submitted written evidence to the Inquiry. Our submission focussed on the so-called ‘safeguarding’ system in detention, explaining how it is both fundamentally flawed and poorly operated. The submission looks particularly at the Adults At Risk in Immigration Detention (AAR) policy, Rules 34 and 35 of the Detention Centre Rules (DCR) 2001, and the Detention Gatekeeper, as well as the treatment of detained people lack decision-making capacity.

Read our submission here

The British Medical Association joint webinar with Medical Justice and MSF

Indefinite Despair: the health consequences of the UK’s plans to forcibly expel people seeking asylum to Rwanda.

Register for this webinar

Free for BMA members and non-members

This joint webinar with the BMA, Médecins Sans Frontières and Medical Justice will aim to shine a light on the severe health impacts of the UK’s policy to remove people seeking asylum in the UK to Rwanda. We will also discuss how the medical community in the UK can push the government to abandon this cruel plan.

The agreement between the government and Rwanda enables the UK to forcibly remove those attempting to claim asylum in the UK deemed to have arrived by irregular routes. It is modelled on Australia’s failed offshore detention policy where people seeking asylum were detained on Nauru and Manus Islands with horrific consequences for their health.

The policy is already having a devastating impact on the health and wellbeing of those targeted and has been strongly condemned by the BMA and the rest of the medical community. The prospect of removal has exacerbated people’s mental health conditions (including PTSD and depression) and caused fear, confusion, uncertainty about safety, and a loss of hope. For some, it has increased their risk of self-harm and suicide.

 

What you will learn

Join us and listen to our expert panel talk about the health consequences of the Rwanda policy and discuss how we can help. The event will be chaired by Professor Martin Mckee, CBE and professor of European public health at the London School of Hygiene and Tropical Medicine.

Other speakers include Dr Rachel Bingham (right), Clinical Advisor for Medical Justice, a member of the MSF medical team, a person with lived experience of being held on Nauru Island, and a person who has been handed an intent to be removed to Rwanda by the UK Home Office.

Organiser details

BMA and Medecins Sans Frontiere

fplayer@bma.org.uk

07749277413

Vacancy: Clinical Assessor – Doctor

We are recruiting for an exciting opportunity to join the Medical Justice team as soon as possible as a Clinical Assessor – Psychologist.

Clinical Assessor – Doctor

Job Description
Application Form

 


 

Clinical Assessor – Doctor
£11,560 per annum per day (for 1 to 4 days a week; £57,800 per annum pro-rata)

Reports to: Clinical Advisor

Responsible for: Volunteer clinicians who may accompany your clinical assessments in a training/observer role

Job purpose: To carry out assessments for people detained in immigration removal centres (IRCs). To write Medico-legal reports in accordance with the Istanbul Protocol.

Working hours: 1 to 4 days a week depending on the candidate’s availability.

Where based: The post-holder will carry out work at Immigration Removal Centres (IRCs) to visit people in detention, and may do some assessments remotely. They will write up their assessments remotely, or from the Medical Justice office in Finsbury Park. The post holder will be expected to attend occasional team meetings, trustees’ meetings, training events and other gatherings as required. Remote attendance at these is often possible.

Length of contract: Six months (we will consider a minimum of 3 months). Renewal may be possible based on project funding.

Terms: Pro rata 24 days per annum holiday, plus statutory bank holidays and 4 additional days’ holiday associated with bank holidays which may be decided on by your manager (usually associated with the office closure during Christmas and New Year).

Closing date: This is a rolling advert, so the recruitment will be closed when the vacancy is filled.

To apply: Please read the Job Description and complete the Application Form. Email your completed application form and your CV to Anthony at a.omar@medicaljustice.org.uk

 

Clinical Assessor – Doctor

Job Description
Application Form

Home Office is told to “get a grip” on overcrowded and unsafe immigration detention centre

The British Medical Journal
Published 01 November 2022

Outbreaks of diphtheria and scabies and a case of meticillin resistant Staphylococcus aureus have been reported at the overcrowded immigration processing centre in Manston, Kent.

MRSA was identified in an asylum seeker who initially tested positive for diphtheria, the Guardian newspaper reported. The asylum seeker was moved out of the site to a hotel hundreds of kilometres away before the positive test result was received [1].

The Manston site, originally set up as a short term processing centre, has at least eight confirmed cases of diphtheria, the Guardian also reported. The Home Office would not confirm the case of MRSA or the exact number of diphtheria cases.

A Home Office spokesperson told The BMJ, “We are aware of a very small number of cases of diphtheria reported at Manston. Full medical guidance and protocols have been followed.

“We take the safety and welfare of those in our care extremely seriously and are working closely with health professionals and the UK Health Security Agency to ensure the instances are contained and to support the individuals affected.

Stephanie deGiorgio, a doctor who had been working at the centre, told the BBC Radio 4 Today news programme on 1 November that the people she was treating were extremely tired and scared. She said the team had seen cases of diphtheria as well as diarrhoeal illnesses and scabies. “These are people who are living in horrible crowded conditions, and they don’t have enough washing facilities and ability to keep clean, so the risk of diseases is significant.

The Manston centre was designed to be a short term holding facility with migrants held for 24 hours while they underwent checks before being moved into immigration detention centres or asylum accommodation. It is supposed to hold up to 1600 people, but up to 4000 are now being held there. When the chief inspector of immigration visited he found one family that had been there for 32 days sleeping on mats in a tent.

Roger Gale, the Conservative MP whose constituency includes Manston, told the House of Commons on 31 October that the centre had been working efficiently until last month. He accused the home secretary, Suella Braverman, of taking the policy decision not to commission further hotel accommodation to reduce overcrowding. But Braverman has denied blocking the procurement of hotels or vetoing Home Office advice and said the government had been “working tirelessly” to find facilities.

Labour’s shadow home secretary, Yvette Cooper, said that the overcrowded site meant there were risks of “fire, disorder, and infection” and of “outbreaks of violence and untrained staff.” She said these signalled “deeper government failures.”

Charlie Taylor, the chief inspector of prisons, urged the Home Office to “get a grip” on the situation at Manston. In a media statement on 1 November he said, “The current situation at Manston has significantly deteriorated since our July inspection. We are hearing that detainees are now being held in greater numbers and for much longer periods of time in cramped and uncomfortable conditions, often supervised by staff who have not been suitably trained.”

His latest report, which was based on an inspection of Manston in July, found that the centre had improved since earlier inspections but that there were early signs of risks materialising, including weak governance of healthcare processes [2]. It said that the management of controlled drugs was particularly poor and breached standards for safe storage. The care pathway lacked coordination or clinical leadership.

Emma Ginn, a spokesperson for Medical Justice, which works for the health rights of detainees, told The BMJ, “Manston is overcrowded and unsafe, and there is, as appears inevitable in such conditions, an outbreak of infectious disease. The diphtheria outbreak highlights just one of the ways that such overcrowding and inadequate conditions endangers their health.”

She added, “Medical Justice has raised concerns repeatedly that the rates of vulnerability in people who have crossed the channel in small boats are very high, including multiple cases in which we have documented clinical evidence of torture and trafficking. Men, women, and children must be processed efficiently and appropriately accommodated, or the physical and mental health risks of prolonged detention of large groups of people in cramped centres will continue to spiral.”

The Refugee Council said that the crisis was entirely of ministers’ own making and that they must put in place an urgent task force to tackle the growing crisis in the asylum system. Enver Solomon, the council’s chief executive, said, “This is an appalling and inhumane situation, but it can be addressed if ministers are prepared to have focused conversations with organisations such as ours and others. There are ways through this situation, which is causing untold human misery to thousands of vulnerable people fleeing war, persecution, and conflict.

“Ministers have deliberately focused on making the system harsh and austere rather than focusing on putting resources and capacity in place to treat people with compassion and respect.”


References


  1. Taylor D, Walker P. MRSA reported at Manston in migrant who tested positive for diphtheria. Guardian. Oct 2022. https://www.theguardian.com/uk-news/2022/oct/30/mrsa-reported-at-manston-in-asylum-seeker-who-tested-positive-for-diphtheria.

  2. Short term holding facilities at Western Jet Foil, Lydd Airport and Manston. Nov 2022. HM Inspectorate of Prisons. https://www.justiceinspectorates.gov.uk/hmiprisons/inspections/short-term-holding-facilities-at-western-jet-foil-lydd-airport-and-manston.

Research reveals “inhumane” effects of GPS tagging on migrants

PRESS RELEASE FOR IMMEDIATE USE

Every move you make: the human impact of GPS tagging in immigration bail

 

Research published today, 31/10/2022, shows that migrants fitted with GPS tags experience significant psychological and physical suffering, despite no clear explanation or evidence from the Home Office that tagging is necessary or cost effective.

Over 2,000 people on immigration bail are currently made to wear the GPS tags 24 hours a day, indefinitely, with cases often taking years to close. The latest figures show only 1.3% of people released from immigration detention absconded in the first six months of 2022.

GPS tagging collects more intrusive data than other electronic tagging, and the Home Office is able to access an individual’s ‘trail’ data in a wide range of circumstances. This includes if they make an immigration application involving the right to a family life under Article 8 of the ECHR.

With first-hand testimony from migrants who have been tagged and clinicians who work with them, Every move you make: the human impact of GPS tagging in immigration bail finds that:

  • Wearers of GPS tags experience anxiety, stress, discomfort, and pain.
  • Many wearers said they had no idea how to challenge the decision to tag them or indeed how their data was being used by the Home Office.
  • People have been tagged despite the Home Office being aware of poor mental health or psychiatric conditions and their previous experience of trauma.
  • Tagged individuals have reported increased feelings of social stigmatisation, isolation and avoidance of public spaces and activities.
  • Tags affect every aspect of people’s daily life and routine, including the ability to exercise, sleep, work, have relationships and care for their children.
  • The tags are used alongside strict requirements to report to the Home Office on a regular basis.
  • There are a range of practical problems with the tags themselves, including devices failing or chargers not working.

Annie Viswanathan, BID’s Director, said:

We work with many people who, after the ordeal of immigration detention, are forced to wear an ankle tag fitted with GPS technology to record their every move. This substitutes one form of imprisonment for another. As we have documented in this report, the people we spoke to felt profoundly dehumanised and degraded by this intense form of surveillance and had suffered a wide range of harms as a result.

Meanwhile the Home Office is quietly harvesting immense volumes of highly sensitive location data that it will use against people in their immigration claims.

GPS tagging, like so much immigration policy in recent years, seeks to insert borders and immigration controls into homes, families and communities across the UK. This draconian form of surveillance has no place in 21st century Britain.”

 

Jo Hynes, Research Fellow at Public Law Project said:

“These findings uncover a deeply harmful and inhumane system placing unnecessary restrictions on a group of people who are already more likely to be experiencing physical or mental strain.

“The latest figures show that only 1.3% of people released from detention absconded in the first six months of 2022. Without clear justification for the practice, we are calling for the Home Office to stop their use of electronic tagging of those on immigration bail. Until then, the use of electronic tagging must adopt far more robust and transparent guidelines, with respect for the rights of the wearer embedded in the practice.”

“Where tagging is used in the criminal justice system, it comes with a host of safeguards. But when it comes to the immigration context, these safeguards have not yet been transferred. As a result, GPS tagging is experienced by many as a continuation of the loss of liberty of immigration detention, but with additional personal data protection concerns.”

 

Dr Kathryn Allinson from Medical Justice said:

“Independent clinicians working with Medical Justice have documented the negative impact of electronic monitoring on the mental and physical health of our clients and have expressed clear concerns that it causes serious harm in a number of ways. Electronic monitoring carries a high risk of causing deterioration in existing poor mental health but in addition can impede recovery. The effect is multifaceted and our experience highlights how harmful electronic monitoring is. The use of electronic monitoring in this particularly vulnerable group of people cannot be justified given the risk of significant harm.

“The impact of electronic monitoring and the Hostile Environment on our clients is devastating. We are working with some of the most vulnerable people in society, who in many cases have already experienced immense suffering and bear the physical and psychological scars. Instead of the safety, stability and space people need to start rebuilding their lives and recovering from trauma they are treated with suspicion and hostility. By pursuing this policy the UK government is contributing to the harm. We urge them to stop, listen and end this cruel and unnecessary practice.”

 

Public Law Project, Bail for Immigration Detainees, and Medical Justice are urging for the practice to be ended altogether, and for essential safeguards to be implemented until then, including:

  • Introducing a strict time limit to the use of GPS tagging.
  • Ending the use of mandatory electronic monitoring.
  • Allowing and empowering the First-tier Tribunal (Immigration and Asylum Chamber) to decide whether or not electronic monitoring should be imposed as a bail condition.
  • Setting strict limits on the processing of data obtained via GPS monitoring, so it can only be processed for the purpose of determining whether an individual has breached bail conditions.
  • Ensuring electronic monitoring does not interfere with an individual’s rehabilitation, nor be used when an individual has been identified as vulnerable.
  • Providing clear and accessible legal routes to migrants to request removal of their tag.

Those interviewed for the report said the following of their experience of GPS tagging:

“It’s a torture, it’s a torture. I don’t even know how to put it into words. After all the detention and all that they say that’s not enough, you know you have to be on a monitor for life. What for?…”

 

“I just feel like I’m held over a barrel of fear and intimidation of not really knowing what my rights are.”

 

“The portable one, it’s not working… So, when I need to charge it, I have to literally plug it into an extension, lie down on the bed… with it plugged in my leg”

 

“I tried to volunteer at a charity shop, he just looked at my ankle monitor and asked me, “What is that?”… In his mind he already wrote me off. The other job, I had an interview and such but they didn’t contact me back because of the tag on my ankle”

 

 

ENDS


 

Read the 31st Oct 2022 Guardian article here:

GPS tagging migrants ‘psychological torture’, says report

 


Notes to editors

  • Contact: Alice Smith, Communications Officer at Public Law Project; a.smith@publiclawproject.org.uk; 07795633770
  • Rudy Schulkind, Research and Policy Manager, Bail for Immigration Detainees; rudy@biduk.org; 02074569762
  • The report was written and researched by Rudy Schulkind and Woodren Brade, Bail for Immigration Detainees, Jo Hynes, Public Law Project, and Dr Kathryn Allinson, Medical Justice.
  • Public Law Project is an independent national legal charity who represent and support individuals and communities who are marginalised through poverty, discrimination, or disadvantage when they have been affected by unlawful state decision-making.
  • Bail for Immigration Detainees is an independent charity that challenges immigration detention in the UK by providing free legal advice, information and representation to thousands of people held in detention, and challenging existing detention policy and practice.
  • Medical Justice works to uphold the health and associated legal rights of people in immigration detention, and provides medical evidence so the devastating health harms of detention are understood and acted on.

 

Medical Justice evidence about the Rwanda policy for the Lords International Agreements Committee

The House of Lords International Agreements Committee is currently conducting an inquiry into the government’s Rwanda policy, looking in particular at the Memorandum of Understanding signed between the UK and Rwanda.

In October 2022 Medical Justice submitted written evidence to the Inquiry, highlighting serious concerns about the policy including high levels of vulnerability amongst those targeted for removal, inadequate screening processes, poor access to legal advice, and reports of assaults and excessive force used against people during their transfer to the aborted flight in June.

Read our submission here.

Festive Party

Click here to book your place

 

We are ecstatic to announce that we are hosting our Festive Party once again this December. After a two-year absence we hope you will join us for our celebration of all the wonderful people that have been involved in Medical Justice.

The incredible Kasai Masai will be bringing their irresistible Equatorial Funk to the festivities. We are beyond excited to welcome the band back who will no doubt have everyone up and dancing as they always do.

Medical Justice will be providing all the food and drink so all we require is your company.

We will be sharing tales of courage and survival, as well as remembering those who were removed from our communities. This is a chance for former clients, clinicians, lawyers, supporters and others to get together in a relaxed atmosphere for fun and solidarity.

 


 

COST : FREE

Travel costs within London reimbursed for asylum seekers / former clients.

Please book a place clicking here or call 0207 561 7498

 


 

Click below for a taste of Kasai Masai

 

Abuse by the system: Survivors of trafficking in immigration detention

Written by the Helen Bamber Foundation with input from Medical Justice

Report published today

 

Read the 4th Oct 2022 Guardian article here:

Number of potential trafficking victims locked up in UK triples in four years

 

From the Helen Bamber Foundation : “Sam is a Vietnamese 20-year-old who was brought to the UK under the promise of a ‘better life’ before being forced to work in a locked cannabis factory for two years. When he finally escaped, he was charged with cannabis production and imprisoned, then after serving his sentence he was put in an immigration detention centre. There his mental health suffered to the point that he was placed on suicide watch.

Eventually Sam was released from detention and referred to the Helen Bamber Foundation (HBF), a charity which supports survivors of trafficking, torture and other extreme human cruelty. The charity’s legal and counter-trafficking team worked to help him get formally recognised as a survivor of trafficking while their doctors diagnosed him with Post-Traumatic Stress Disorder, depression and several physical health problems, all of which had been worsened by his time in detention.

Every day, HBF sees cases where people who have been trafficked have not been identified and have been treated as criminals rather than victims. Detention is not only re-traumatising but also prevents survivors from receiving the support they need to recover from their experiences and from helping the police to catch and prosecute their traffickers.

A new report from HBF, and other NGOs Medical Justice, Anti Trafficking and Labour Exploitation Unit and Focus on Labour Exploitation, highlights the government’s failures to address this problem – and that it has deliberately put in place a system in which more trafficking victims will be locked up. The number held in immigration detention each year has tripled from 500 in 2017 to over 1600 last year. Even when identified as possible victims of trafficking, people are not being released and are detained while waiting for a final decision in their case, when the average time for making these decisions is a staggering 17 months.

The Home Office frequently claims that people ‘abuse’ the system by claiming to be trafficked to secure their release from detention. But over 90% of cases are confirmed to be genuine victims of trafficking. There is no evidence of a process being abused – rather, people who have already been exploited and mistreated are experiencing further abuse by an immigration system that is not fit for purpose.

This report makes practical recommendations for improving that system and calls for an urgent comprehensive review of the process for detaining confirmed or possible victims of trafficking.

“Horrified” leading medical bodies call to abandon Rwanda removals on ethical and medical grounds

The British Medical Association and leading medical bodies in the UK have today jointly written to the Prime Minister expressing concern about the severe impact that the decision to remove asylum seekers to Rwanda is already having on people’s health and wellbeing.

Read the letter

The group of medical bodies say ;

“We are horrified by the UK Government’s plans to forcibly deport people seeking protection in the UK to Rwanda, with no option to return. We urge you abandon this policy of forced expulsions to Rwanda, or any other country.

It is cruel and unconscionable on ethical and medical grounds and has already caused severe damage to individual’s health and wellbeing. The evidence from Medical Justice’s casework makes it clear that the prospect of removal to Rwanda is already exacerbating existing mental health issues for people seeking safety in the UK.

No individual should be forcibly removed to another country for seeking safety and protection in the UK. In addition, the current screening process fails to identify people with specific vulnerabilities, including health conditions.”

A recent report by Medical Justice has documented the experiences of 36 people with whom they have worked and who have been targeted for removal to Rwanda. The 36 include men, women, age disputed children / young people, and some who have family in the UK. Many of these asylum seekers have a history of trafficking, torture and trauma, and have serious mental health conditions, including Post Traumatic Stress Disorder (PTSD) and psychosis. Some have self-harmed and/or expressed suicidal ideation whilst in detention, including one person who attempted suicide twice whilst in detention.

The letter signed by ;
British Medical Association
Faculty of Public Health International Child Health Group
Royal College of Obstetrics and Gynaecologists
Medical Justice
Doctors of the World
Freedom from Torture
Helen Bamber Foundation
Medact

Medical Justice evidence about the Rwanda policy for the Justice and Home Affairs Committee

The House of Lords’ Justice and Home Affairs Committee is currently conducting an inquiry into family migration. The inquiry approaches family migration policies in the widest possible sense, including the general trends in the design of family immigration pathways, similarities and discrepancies across them, how migration policies affect families, and how family migration policies affect society.

Medical Justice submitted written evidence to the Committee in relation to the Rwanda policy, using anonymised data gathered from our clients. Our submission explained that many of the individuals facing removal under the policy had family members in the UK, including parents, children, siblings, aunts and uncles. It also highlighted the highly damaging effects of the policy, particularly in terms of people’s mental health.

Read our submission here.