Survivors of torture have won a legal challenge against Home Office rules on asylum seeker detention in the UK.<\/p>\n
The government had argued torture could only be carried out by official state agents or terror groups with territory.<\/p>\n
But survivors and the charity Medical Justice argued that definition was too narrow and should include victims of trafficking and other abuses.<\/p>\n
The Home Office has said it will not appeal against the ruling, which could affect hundreds of cases.<\/p>\n
The ruling followed accusations that individuals were locked up during the processing of their asylum claims, despite doctors submitting evidence of torture and ill-treatment to the Home Office.<\/p>\n
Under Home Office guidelines, people classed as victims of torture should be housed in private accommodation while their claims are processed.<\/p>\n
Mr Justice Ouseley ruled that Home Office policy on torture survivors “lacked a rational or evidence basis”.<\/p>\n
The legal challenge argued that the new definition – which was made last September and has been on hold pending the judge’s ruling – had led to “many” detainees, including victims of trafficking, no longer being recognised as victims of torture.<\/p>\n
Under Home Office guidelines, asylum seekers who have evidence of being tortured should not be detained.<\/p>\n
Instead, they should live in private housing – such as accommodation provided by the Home Office or with family members already living in the country – while their claims are considered.<\/p>\n
Seven people who had sought sanctuary in Britain after being raped, abused or trafficked were among those detained under the new policy because they were not classed as torture victims.<\/p>\n
But the High Court said the Home Office had acted unlawfully, because the new rules excluded people who were vulnerable to harm in detention.<\/p>\n
Mr Po, one of the former detainees who was part of the legal challenge, welcomed the decision.<\/p>\n
He said: “The policy allowed the Home Office to turn a blind eye to my suffering and the suffering of hundreds of other torture survivors.<\/p>\n
“Although I welcome the decision, it is still upsetting that the Home Office, who should protect people like me, rejected me and put me in detention which reminded me of the ordeal I suffered in my country of origin.”<\/p>\n
David Isaac, chairman of the Equality and Human Rights Commission, which intervened in the case, said: “This unlawful policy has been scrapped, but the Government should now go further and strengthen the human rights protections for people in immigration detention.”<\/p>\n
Source: bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"