Inquest Finds Terrorism Control Order Had 'Substantial Impact' on Prisoner Who Died at HMP Wandsworth
A jury at an inquest in London has concluded that strict terrorism control measures imposed on a prisoner had a "substantial impact" on his mental state before he took his own life
A jury at an inquest in London has concluded that strict terrorism control measures imposed on a prisoner had a "substantial impact" on his mental state before he took his own life at HMP Wandsworth on Christmas Day 2021.
Akhtar Uddin, a 35-year-old builder from east London, died while serving a sentence for breaching a Terrorism Prevention and Investigation Measure (TPIM). The inquest, held at Inner West London Coroner's Court, was the first ever to examine the impact of such measures.
The jury found that the prison service failed to provide the support Uddin needed. Jurors concluded that he died as a result of an action he took, but said it was "not possible to determine whether he intended the outcome to be his death."
TPIMs allow authorities to control individuals the government suspects of involvement in terrorism but who are not facing criminal charges. The home secretary imposes them on the advice of MI5. Restrictions can include electronic tagging, curfews, relocation to another part of the country, internet bans, financial controls, and limits on who subjects can meet and where they can travel.
Breaching a TPIM can lead to a terrorism conviction and imprisonment. The measures can currently last up to five years, an increase from the two-year maximum that applied when Uddin was subject to one.
Uddin had been jailed in February 2020 for breaching his TPIM order. Before that, he had served a sentence for racially or religiously aggravated harassment. The inquest heard that he breached the measures 12 times by withdrawing more money than permitted, which he largely spent on drugs. He had more than 20 previous criminal convictions, none of them for terrorism offences.
When the TPIM was first imposed on Uddin in January 2020, he was forcibly relocated to the West Midlands. He had been arrested at the prison gates in front of his sister, who had come to meet him on his release.
The full reasons for placing someone on a TPIM are typically kept secret, even from the person concerned, because they are based on MI5 intelligence. Uddin believed the order was originally imposed because he had made reckless statements while under the influence of drugs, but he insisted he was not a terrorist. It is understood he was alleged to have made verbal threats and associated with people MI5 regarded as involved in terrorist activity.
The inquest jury delivered three key conclusions. First, they were satisfied that the imposition of the original TPIM and its unusually restrictive nature had a substantial impact on Uddin's mental state. Second, they found that his fear of a likely reimposition of such restrictive measures, and their possibly never-ending nature, had a significant impact on his mental state in prison. Third, they concluded that prison services were unaware of TPIM restrictions and their likely impact, resulting in a failure to provide support tailored to his specific needs.
A governor at HMP Wandsworth accepted in evidence that prison staff's lack of knowledge about TPIMs had led to "unintentionally cruel" treatment of Uddin.
Coroner Bernard Richmond KC described Uddin as "loved and loving" but "not someone without his troubles," which revolved around his drug use. The coroner said he would issue a report to the government over concerns about risks to other people under terrorism control measures.
Giving evidence, Uddin's sister Jasmine said that in the weeks before his death, he had described "counter terrorism officers" questioning him in prison and telling him he would never get off the TPIM. The inquest also heard that his former solicitor, Amer Ahmad, had told him in autumn 2021 there were "highly limited prospects" of successfully overturning the TPIM legally.
Uddin feared the TPIM would be re-imposed when he left prison early in 2022, and that he would breach it again because of drugs.
Dr Richard Latham, an NHS consultant forensic psychiatrist who appeared as an expert witness, concluded that Uddin had an undiagnosed personality disorder along with associated psychological problems and vulnerabilities. These resulted in impulsiveness, grievance and paranoia.
Dr Latham said Uddin probably assumed the worst about the TPIM in future, and that this prospect would have created distress and a sense of hopelessness. He noted that TPIMs are intended to create a degree of isolation, but that this plays on psychological vulnerability and can produce emotional isolation. Uddin also felt a sense of injustice about being branded a terrorist, Dr Latham said.
The inquest heard there was little or no awareness among staff at HMP Wandsworth about TPIMs.
In a statement issued by their solicitors Birnberg Peirce, Uddin's family welcomed the inquest's findings. They said that while nothing could bring back their loving son, brother and uncle, they hoped the outcome would make a real difference to those currently at the mercy of what they described as an inhumane regime.
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