Tom Sanderson, OpenDemocracy, 9 December 2011

Medical Justice, a charity that arranges for independent doctors to visit immigration detainees, convened a meeting last week to examine Parliament’s ability to monitor and hold to account the UK Border Agency and its contractors.

The first Children’s Commissioner for England and the medical colleges representing GPs, paediatricians, psychiatrists and public health professionals, have repeatedly warned the UKBA that the conditions for those held in immigration detention centres are severely damaging and may be life-threatening. Medical Justice, End Child Detention Now and many other public interest groups and faith groups have sought to raise awareness. But little acknowledgement - and still less action - has been forthcoming.

The meeting sought to debate and agree on ways to redress this inaction. The ultimate aim was to gather support to call for a robust inquiry into the inhuman, degrading and potentially lethal conditions of detention and deportation. It was chaired by Labour MP for Islington North, Jeremy Corbyn, who sponsored a draft Early Day Motion, circulated to attendees. A similar draft NGO declaration from the meeting was also tabled.

Attendees heard an emotional appeal for justice from Adrienne Makenda Kambana, widow of Jimmy Mubenga, as she cited the obstruction of inquiries by the UKBA and private contractors G4S. Deborah Coles, of INQUEST, who has assisted the Mubenga family, noted that the culture of secrecy within the UKBA is a huge concern and has inhibited the family’s pursuit of information and justice. Police investigations are usually held in isolation from each other and there are often no relatives available in the UK to carry them forward. The main challenge is to ensure that these problems are properly debated in parliament.

Other speakers included Harmit Athwal, editor of the Institute of Race Relations News Service and Dr Ben Robinson, Medical Justice Trustee.

Read the full article at Open Democracy

Nick Hardwick, Chief Inspector of Prisons, has published a new report on an inspection of Yarl’s Wood Immigration Removal Centre in Bedfordshire. (download the full report here, pdf) The report found that:

‘Too many pregnant women, who should only have been held in exceptional circumstances, were detained in the centre.’ (p6)

‘There was evidence of poor case owner reviews of their detention, which took no account of the pregnancy.’ (p16)

‘There were seven pregnant women at the centre at the time of the inspection. When we reviewed the UKBA files for five of them, only one of the monthly review letters mentioned pregnancy, and even that suggested the pregnancy was disputed, even though it had been confirmed for some time.’ (p12)

‘Two of the women’s ultrasound scans had been delayed.’ (p43)

‘One pregnant detainee had originally been detained in Northern Ireland and had undergone a four-day journey to Yarl’s Wood: from Belfast, she had been transferred to Dungavel IRC in Scotland and then to Pennine House at Manchester airport, where she had collapsed. She had been taken to hospital and treated before completing the rest of her journey to Yarl’s Wood, where she went through the DFT [Detained Fast Track] process.’ (p30)

Celia Clarke, Director of Bail for Immigration Detainees, commented:

‘We are gravely concerned by the Prison Inspector’s findings. His report shows that the situation of these very vulnerable women is not being taken into account by the UK Border Agency when they are detained.

‘In one case, a pregnant women was transferred between four immigration removal facilities and collapsed and was hospitalised during this process. This kind of appalling practice by the UK Border Agency puts the health of women and their unborn children at serious risk, and is wholly unacceptable.

‘We regularly work with pregnant women who are detained by the UK Border Agency for long periods. Pregnant women tell us that they have difficulties eating and sleeping in detention, that that they are suffering from extreme distress and anxiety, and that their physical health is deteriorating. Women report that it is particularly difficult for them to cope without the support of any friends or family during their pregnancy.

‘We are calling on the Government to put an end to the inhumane and unnecessary practice of holding pregnant women in immigration detention. There is scant risk that women who are pregnant will abscond, given their need to access regular medical care.’

Gladys Mabvira, a Zimbabwean activist who has been detained in Yarl’s Wood for three and a half months, has now received removal directions for 18th December.

Gladys has been an active member of opposition group ZAPU UK (Zimbabwe African People’s Union). Her open and public participation with this group, particularly her online blogging, would put her at risk if she was returned to Zimbabwe. As elections are likely to take place in the new year in Zimbabwe, political tensions will rise and repression of opponents to the Mugabe regime will increase. A recent International Crisis Group report highlighted that violence and repression continue in Zimbabwe, despite the existence of the unity government. The Leicester branch of ZAPU are planning a solidarity march for Gladys on Saturday (10th December).

Gladys’ solicitors submitted an application for further leave to remain in the UK on 18 November 2011, and UKBA acknowledged receipt of this on 24 November. This application is based on the removal of Gladys’ from the UK being a breach of her human rights. Gladys has lived in the UK for 9 years having first come here as a student. She has been an active and positive presence in her local community, for example through her leading role at Destiny House Church.

Despite UKBA having received this application, Gladys remains in detention and has just received removal directions. Gladys has managed to prevent her removal once, but now faces this prospect again. She says:

“I feel let down by the UKBA. Instead of being a sanctuary for asylum seekers they frustrate and have no compassion for human rights. My case has been complicated by the human error of UKBA themselves. I have made every possible step to prove the validity of my Further Leave to Remain application on Article 8 grounds but they still won’t accept they made a mistake and spelt my name as MABVIKA instead of MABVIRA. As a result I have 2 reference numbers. All I need is justice and for someone to take the time to resolve this incompetence which has resulted in my removal directions.”

Please take a few moments to help Gladys in her struggle for justice and sanctuary.

Reported in the Scotsman: A family of Sri Lankan asylum seekers unlawfully detained in a night-time raid and flown to Germany nearly six years ago must be returned to the UK, the High Court has ruled. Home Secretary Theresa May has also been ordered to pay the five family members – a man, his mentally ill wife, a son and two daughters – a total of about £37,000 in compensation.

And in The Telegraph:

In the ruling, Mr Justice Cranston said the Sri Lankan families rights had been violated in the way they had been dealt with. Manjit Gill QC, representing the family in court, said they were taken from their beds and flown out of the country after being denied access to legal advice. A few hours after being detained, they were put on a 7.50am flight to Germany.

The Home Office has now accepted they were unlawfully detained and the court said they must be brought back. The judge said the violation of the rights of the husband, his mentally-ill wife and their son and two daughters, now aged between 14 and 23, entitled them to return to the UK, if they so wished.

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