HC Deb 25 April 2002 vol 384 cc436-7W
Mr. McNamara

To ask the Secretary of State for the Home Department what consideration he has made of the ECHR judgment in Edwards and Another v UK application No 46477/99. [48658]

Beverley Hughes

[holding answer 17 April 2002]: The European Court of Human Rights (the Court) found the United Kingdom in breach of Articles 2 and 13 of the European Convention on Human Rights in the case of Christopher Edwards who was murdered by his cell-mate, Richard Linford, in Chelmsford prison in November 1994.

The Court found breaches of Article 2 in respect of the circumstances of Mr. Edwards' death (the failure of various agencies to pass on information about Mr. Linford's mental health and the inadequate health screen given to Mr. Linford at the prison) and the failure to provide an effective investigation. They ruled that there had been a breach of Article 13 due to the lack of an effective remedy available to Christopher's family either through an effective investigation or the payment of compensation.

Mr. Edward's death was the subject of an independent investigation commissioned by the Prison Services and other agencies. The Court has not ordered a further investigation. Although it considered that there were defects, the investigation was regarded by the Court as having been thorough and useful. The Court found that the family were not eligible for compensation under United Kingdom civil law and awarded the sum of £20,000 plus costs (a further £20,000) by way of redress. The Court recognised the changes that have taken place since Mr. Edwards's death. These include introduction of the Prison Escort Record completed before a prisoner enters a Prison Service establishment and improved health care screening. The system of investigating deaths in Prison Service custody is currently under review as part of the Service's new suicide prevention strategy.

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