A remand prisoner has secured leave from the High Court to bring proceedings arguing that conditions at Cork Prison, particularly the toilet facilities, breach his rights under the Constitution and the European Convention on Human Rights.
The most recent report of the Inspector of Prisons had described Cork Prison as "a disaster" with gross overcrowding and the "demeaning" practice of "slopping out", the court was told yesterday.
The inspector had said the governor and staff were coping well despite the "appalling condition of premises and despite financial cutbacks".
Mr Justice Liam McKechnie granted leave to Edward Gaffey to seek, in judicial review proceedings, declarations that the toilet facilities and "slopping out" practices at the prison breach the proper minimum standards of health, privacy, comfort and human dignity.
He will also seek an order directing Cork Prison, the Irish Prison Service and the Minister for Justice to provide facilities which meet those standards and damages for the alleged breach of rights.
A father of three with an address at Dundalk, Co Louth, Mr Gaffey was remanded to Cork Prison on May 4th, 2005, on charges of false imprisonment and possession of a firearm and ammunition with intent to endanger life on the same date. He was refused bail but is to bring a fresh bail application.
In an affidavit, Mr Gaffey's solicitor, Mr James MacGuill said his client is sharing a cell with a co-accused. The cell was approximately 2.4m (8ft) by 3.6m (12ft) with two beds, two lockers, two chamber pots and a TV.
There was no in-cell sanitation and Mr Gaffey had no access to toilet facilities from 7.45pm to 8am. There were two toilets and 33 prisoners per landing in the prison.
Mr MacGuill said slopping out took place next door to his client's cell every morning. Prisoners emptied their pots into two large toilet bowl-type constructions above which were two taps. The taps were used to wash the contents of the bowls down and prisoners were also expected to use water from those taps to wash their faces in the morning.
He said Mr Gaffey was entitled as a remand prisoner to one visitor per day but there was no reality to that as his family lived in Co Louth. He received one phone call per week which was recorded and the prison authorities opened all his correspondence, including letters marked "legally professionally privileged".
Mr MacGuill said he had written to the prison authorities stating High Court proceedings would be initiated if satisfactory arrangements for Mr Gaffey's custody were not put in place. He said the Cork Prison Governor had described his client as "offender Edward Gaffey" although Mr Gaffey was on remand and enjoyed the presumption of innocence.
Mr MacGuill said the European Committee for the Prevention of Torture (CPT) had in its 1993 report described slopping out as degrading for prisoners and debasing for the prison officers who have to supervise it. In its 2002 report, the CPT had recommended that the Irish authorities "vigorously pursue" efforts to provide prisoners with better access to proper sanitary facilities.
