Ban on sex offenders’ early release criticised

The Inspector of Prisons has strongly criticised the blanket ban on early release for sex offenders following the death of a severely ill elderly offender in prison.

Doctors and prison bosses had repeatedly recommended the 82-year-old be released on health grounds, but this was turned down because of an unwritten policy refusing temporary release to sex offenders.

Inspector, Judge Michael Reilly, also heavily criticised gardaí, saying there was “no foundation whatsoever” to their submission to prison officials that the man presented a risk if released.

He urged the minister for justice to consider referring the matter to a Garda oversight body for investigation.

Last night, the Irish Penal Reform Trust said the case “amounted to a failure by the State to prevent torture or inhuman or degrading treatment or punishment” and called for a review of temporary release policies.

The report was into the circumstances surrounding the death of Prisoner C in the Midlands Prison on January 30, 2012. The married man, from Munster, was committed on October 15, 2010.

The inspector said the man was “unfit for imprisonment” and “should not have died in prison”.

While the report does not specify the man’s conviction, the Irish Examiner has learned it was for a sexual offence.

Judge Reilly said the man’s medical conditions gave rise for concern from October 19, 2010. In the six months prior to his death he was admitted to hospital six times.

The inspector said it was “inhumane” that other prisoners had to assist the man with his personal hygiene.

“Prison doctors, on four occasions, brought their concerns to the attention of appropriate prison governors,” he said.

“The governor in Midlands Prison contacted the Prison Service and made his concerns known”.

Judge Reilly said that the Operations Directorate prepared submissions for the director general who gave them to the department.

The director general refused temporary release, but the inspector said this “was in reality a decision not of his making” but “reflected the unwritten policy of the department and the long- standing practice that offenders such as the deceased would not be released early”.

The inspector recommended that decisions to grant temporary release on health grounds “should be based on the particular circumstances of each case and not be influenced by policy”.

He said there was “no foundation whatsoever” for the Garda view the deceased presented a risk if released.

“The minister should consider, in the public interest, whether she should refer this report to an appropriate body charged with oversight of An Garda Síochána and in order to establish if an investigation into this alleged assertion should be undertaken,” he said.