Prisoner’s decision to go on hunger strike must be respected rules High Court judge

A High Court judge has ruled that a prisoner’s decision to go on hunger strike must be respected by the prison authorities and the State. Although the prisoner’s decision could possibly lead to his inevitable death, Ms Justice Marie Baker held that if the prisoner’s decision was freely made and fully informed it must be respected. The Judge believed the prisoner had the capacity to make the decision to go on hunger strike and fully understood the consequences of that decision following a private discussion in which she heard “clearly-expressed and articulate evidence from the prisoner”.

The prisoner who had been on hunger strike for 50 days was protesting the conditions of his detention. The man had stopped eating food in early February but continued to take fluids. He had spent the last three years in solitary confinement at his own request as he believed his life was in danger. He demanded that his meals be served by prison staff as he feared they may be contaminated by his fellow prisoners. He also requested a two man security escort during his hour of daily exercise. The prison authorities said they could not meet the demands due to staffing resource issues.

Arriving at her decision, Ms Justice Baker said the case revolved around the prisoner’s capacity to understand the full consequences of his protest. In this regard, Judge Baker held that the prisoner had full understanding of the consequences of his protest and that “he had freely made his choice to go on and continue his hunger strike”. The Judge remarked that she was satisfied the State could properly respect the personal autonomy and right to self determination of the man by giving effect to his stated wish and direction not to be treated. Furthermore the Court made a declaration that his wishes and directions not to be treated should remain in place in the event he slipped into a coma and became incapable of making a decision to accept treatment.

Click here to read an article about the case in the Irish Times. 

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