Prisoner’s constitutional rights were breached by solitary confinement for his own safety

Criminal law – habeas corpus – Article 40 application – judicial review – whether a Governor of a prison can keep a prisoner in solitary confinement for almost a year for his own safety – r.63 of the Prison Rules 2007 – “23 hour lockup” – denied access to structured activities – Regulation 62 & 63 of the Prison Rules (S.I. 252/2007) – “The Istanbul Statement on the Use and Effects of Solitary Confinement” – whether solitary confinement can amount to cruel, inhuman or degrading treatment or punishment or even torture – proportionality – prison rules must be construed and applied in a manner which respected and vindicated the constitutional rights of the prisoner – keeping the applicant in conditions of solitary confinement for a period of over eleven months is clearly a breach of his constitutional right to bodily and psychological integrity – whether keeping the applicant in solitary confinement continuously is a necessary and/or a proportionate response to the threat to his safety – confinement or a limited period of time only – solitary confinement for over eleven months is wholly disproportionate to the risk to the applicant.