Ireland Case No. 23064Prisoner's rights (hunger strike; refusal of medication and food) · 30 Dec 2022
High Court rules prisoner's hunger strike and refusal of medication is lawful
Mr Justice Paul Burns ruled at the High Court on 4 January 2023 that a male prisoner's decision to go on hunger strike and cease taking medication for diabetes is lawful, and that the prison governor's decision not to force-feed him is lawful. The prisoner, who is serving a lengthy custodial sentence and whose identity is protected by court order, commenced his hunger and medication strike on 30 December 2022 over grievances with State bodies.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court4 Jan
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports20 statements extracted from the articles
- whatThe prisoner is a diabetic who stopped taking his insulin, other medication, and food. (irishtimes.com)
- whatThe prisoner did not want to be revived or resuscitated if his hunger strike results in him becoming incapacitated. (irishtimes.com)
- whatThe prisoner has continued to take fluids. (irishtimes.com)
- whenThe man commenced his hunger and medication strike on 30 December 2022. (irishtimes.com)
- courtThe High Court ruled that a prisoner's decision to go on hunger strike and cease taking medication is lawful, valid, and that the inmate is fully aware of the consequences. (irishtimes.com)
- courtThe ruling was made by Mr Justice Paul Burns on Wednesday evening (4 January 2023). (irishtimes.com)
- courtMr Justice Burns said the declarations sought by the governor should be granted. (irishtimes.com)
- courtThe judge said he would give a full written decision on the issue later that month. (irishtimes.com)
- courtThe judge said any issues regarding the fairness of the prisoner's forthcoming criminal trial was a matter for the judge hearing that case. (irishtimes.com)
- otherNeither the prisoner nor the prison can be identified by the media by order of the court. (irishtimes.com)
- otherThe proceedings were brought by the governor of the prison where the man is being held. (irishtimes.com)
- otherThe prisoner is serving a lengthy custodial sentence handed down by a criminal court after he admitted several serious offences. (irishtimes.com)
- otherThe prisoner has other similar charges pending against him. (irishtimes.com)
- otherThe prisoner said he has not been afforded a fair hearing by various bodies of the State, including the Garda and the criminal justice system. (irishtimes.com)
- otherThe prisoner was concerned about the fairness of his forthcoming trial and the treatment and conditions he and other prisoners receive. (irishtimes.com)
- otherThe prisoner voiced frustration at being unable to attend or fully participate in High Court judicial reviews proceedings he had brought. (irishtimes.com)
- otherThe prisoner claimed he had written to a significant number of politicians and Ministers but did not receive any substantial replies. (irishtimes.com)
- otherTwo medical experts who interviewed the prisoner said he had the capacity to make the decision and was aware of the consequences. (irishtimes.com)
- otherThe two doctors agreed the man was not suffering from any mental illness and was not deemed suicidal. (irishtimes.com)
- otherThe medical experts agreed his decision was based on grievances with the criminal justice system and a sense of being ignored. (irishtimes.com)
The reporting
newest first- 4 Jan2023Prisoner on hunger strike is refusing medication, High Court told
Initial report of the High Court ruling granting declarations that the prisoner has capacity to refuse food, medication and medical assistance, and that force-feeding would breach his constitutional rights.
convicted, male