Human rights—Freedom of religion—Prisoners

Queen’s Bench Division, Administrative Court (Manchester District Registry), Judge Pelling QC, 25 May 2011

The failure properly to consider the right to freedom of religion under Art 9 of the European Convention on Human Rights rendered the requirement to take a urine sample during a personal fast by a devout Muslim a breach of that right.

Vijay Jagadesham (instructed by Burton Copeland LLP) for the claimant. John Joliffe (instructed by the Treasury Solicitor) for the defendants.

The claimant was at all material times a prisoner at HM Prison Rye Hill. On 20 January 2010, he was required to provide a urine sample for testing for the use of controlled drugs in accordance with the policy in relation to mandatory drug testing contained in Prison Service Order 3601. The basis on which the test was said to be based was a reasonable suspicion that the claimant had taken controlled substances. He was offered water before providing the sample, but refused