The claim is a challenge brought under the Constitution by a former elected Member of St Helena’s legislature. He claims vindicatory damages for alleged breaches of his fundamental rights as protected under the protective provisions in the fundamental rights part of the Constitution. The trial is the first to involve the fundamental rights provisions under the St Helena Constitution. The alleged breaches are in respect of his sections 6, 7, 11 and 13 Constitutional rights to life, dignity and to be free from inhuman and degrading treatment, arising out of the conditions at HMP Jamestown during a four-month period when the claimant was remanded there in 2018.
Over the course of the week, the Chief Justice heard evidence from the Chair of the Equality and Human Rights Commission in St Helena, a former Overseas Territory Prisons Adviser, the former Superintendent of Prisoners of St Helena, and former prisoners. This trial was to determine breach only, with a second hearing scheduled for later this year on quantum of damages. The Chief Justice has reserved judgment.
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