Richard Ford, Home Correspondent.
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Taxpayers have footed a £1 million compensation bill after almost 200 drug-addicted prisoners sued the Government, claiming that denying them a heroin substitute breached their human rights.
The prisoners claimed that their rights were infringed when they were deprived of methadone and had to go “cold turkey”.
A High Court test case involving six prisoners was going ahead two years ago but the Government agreed to settle out of court and pay £750,000 to 197 inmates in jails in England and Wales.
The compensation payments averaged £3,807 per prisoner, with four in Wymott jail in Lancashire receiving a total of £15,228 and three at Preston prison £11,421.
The overall bill to the taxpayer of £1 million includes the compensation payments plus the estimated lawyers’ fees.
The Government decided against fighting the compensation claims to minimise costs. It had been warned that if the case had gone to court the prisoners could have won even larger amounts of compensation.
The prisoners had been using methadone paid for by the Government but it was decided that they should go through cold turkey detoxification instead. They claimed that their human rights had been breached under Articles 3 and 14 of the European Convention on Human Rights, which bans discrimination, or inhuman or degrading treatment or punishment.
At the preliminary hearing in 2006 Richard Hermer, a human rights lawyer specialising in group actions against the Government, told the court: “Many of the prisoners were receiving methadone treatment before they entered prison and were upset at the short period of treatment using opiates they encountered in jail. Imposing the short, sharp detoxification is the issue.”
The addicts said that their treatment was handled “inappropriately” with the consequence that they “suffered injuries” and had “difficulties” with their withdrawal. They claimed that the treatment constituted trespass and accused the Prison Service of clinical negligence.
A Prison Service spokeswoman said that the payments made were in response to a minority of the claims. “We successfully defended the majority of claims. We make payments only when we are instructed to do so by the courts or where strong legal advice suggests that a settlement will save money,” she added.
Latest figures show that compensation payments to prisoners have fallen from a total of £4.4 million in 2005-06 to £2 million in 2006-07.

The family of a man who slashed his wrists and stabbed himself after taking the antismoking pill Champix are calling for an investigation into the drug after an inquest was told that it was a possible factor in his death. Omer Jama, 39, a television editor, died at his home in Bolton last October. He had been taking Champix (varenicline) for six months. A toxicologist told the inquest in Bolton that his actions “could have been influenced” by the drug. Pfizer, which makes the drug, said depression that had been reported in patients using varenicline.

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That's fine but from the money recompense all the victims of their crimes and then they can keep what's left.
Robin Friday, London,
Having read the comments made, I fear that society views the individual as the 'architect' of their own destiny, and therefore should be punished accordingly, without looking deeper into the causes of crime. It is hard to reconcile the concept that perpetrators of crime could be viewed as victims. Although society should not condone offences committed against others, should we not try and understand the root cause. Many people are reliant on 'drugs' as it helps them retreat from a world in which they find unbearable. However, as a consequence, to feed this habit they often commit crime. As Liz from Sherborne states, you would not deny an Asthmatic his medication in Custody, is this because you believe Asthma was not self inflicted. When we are all without sin, we will all live in 'Glass Houses'. White Collar Crime in this Country costs the tax payers billions, where is the public uproar - in general there never is one. Class differential, what
do you think?
Fiona Dolan, Kent, England
Perhaps they can use their compensation to compensate those who have been directly affected by their crimes.
Cromwell, Leeds, England
The simplest answer is to deduct the expense of housing the inmates prior to making the payments to the cirminals, and the drug abusers that they represent. Then send them all a bill for the remainder of what they cost society.
CT_Yankee, Hartford, Connecticut
"i think people who do not understand the issues surrounding substance misuse should comment on this."
I think they have. Or is there a "don't" missing and you presume to decide who should and who should not comment?
Mark, London, UK
i think people who do not understand the issues surrounding substance misuse should comment on this.
would an asthma sufferer be denied his medication if he went to prison ? i don't think so.
liz, sherborne,
Kate from newcastle I disagree with you. Of course prisoners have human rights. They're still human and if we expect civilised treatment from our fellow humans we better make sure we dish it out the stuff ourselves. The minute we stop seeing our fellows as human nasty things start happening, and not in a good way.
I suspect you don't have much experience with methadone and heroin and nor do I to be honest but I understand it's a bit different from going without eg cigarattes.
karl, oxford,
For pities sake get rid of this pathetic Humans Rights Act and the lousy Government that bought it in without thought.
You go into to prison to be punished, you lose your rights whilst inside. Sanity please.
Roger, Surrey,
Its another sick example of how stupidly soft and pathetic this country is when it comes to law and order and dealing with criminals.
The only thing these criminal scum should be fed with is lashes.
We desperately need to have a tough zero tolerance policy just like the one in Singapore which is one of the most crime free places in the world because of their tough approach.
Vivek, London, UK
This is just the beginning, they are entitled to pornography, smoking, drug subtitutes, tv and money to mention just a few. Pity the poor pensioner that's paid into a system for many years or fought in wars for freedom and now shiver in this amazingly cold global warming we are going through. It smells of Nulabour through and through.
Roger, Surrey,
Who will be paying the bill?
Oh - the innocent taxpayer!! Fantastic!!!!
Has persecution of the innocent become the UK national sport?
David, Melbourne, Australia
Where does all this end then. Will paedophiles demand their underage sex with their children being brought to their cell; will smokers demand the prison officers supply them with their luxury brand of fags instead of them having to roll skinny roll-ups or the cannabis user demand his daily intake of resin or skunk; Will the alcohol deprived inmate demand his booze-up whilst in his cell. Sanity must be restored. The government must have had an indication that the court would have upheld the prisoners right, otherwise they wouldnât have settled out of court on a figure that they believed would have been less than the court would have awarded. These judges, far removed and remote from reality and sanity interpret the human right act as being a right enjoyed by everyone. But surely prisoners lose their rights the minute they are convicted. The human rights act needs to be re-drafted so that idiot judges cannot put their skewed interpretation on issues that common sense says the opposite to
michael pickles, bournemouth, england
Kate- criminals should have no human rights...like the Right to life? How about legal rights then...Right to a fair trial? No?
Adam, Reading, UK
A lot of them will be in for drug related offences so why should they be given drugs while in there. If they don't want to go cold turkey then they should stay out of jail. Compensating them is total insanity but what's new in this sick joke of a country. Criminals should have no Human Rights.
Kate, Newcastle, England