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A 71-year-old prisoner has appealed to the Superior Court for restrictions on prison visits
The action has been brought by Kevin Hannaway, who is currently serving a sentence of three years and nine months in the maximum security prison in Portlaoise.
It affirms that the decision of the Penitentiary Service, derived from the pandemic, to limit the time and visits that a prison can receive from a relative or friend is a violation of its rights.
He was convicted in the Special Criminal Court in 2018 for assisting an illegal organization, the IRA, to carry out interrogations of other members after a series of operations that were thwarted by Gardaí.
The non-jury court heard that the IRA wanted to know who was responsible for the information leak.
This resulted in several men being brought to a house, where Mr. Hannaway and others were present, in Riverwood Park, Castleknock, Dublin, on August 7-8, 2015 for questioning.
Mr Hannaway, from Belfast, is a member of a group of men commonly known as the ‘Hooded Men’ who suffer psychological trauma following treatment at the hands of the British Army in 1971.
The European Court of Human Rights found that their treatment amounted to inhuman and degrading and violated the European Convention on Human Rights.
In his action before the Superior Court, Mr. Hannaway asserts that, according to prison regulations, a prisoner is entitled to at least one visit from a relative or friend per week of no less than 30 minutes duration.
It claims that as a result of the Covid19 pandemic, family visits to prisoners stopped earlier this year.
It claims that the Irish Prison Service announced last June that it was allowing the resumption of visits, but limited the frequency to one visit per fortnight and for no more than 15 minutes.
Mr. Hannaway’s attorney Eamon Dornan Bl told the Supreme Court on Monday that by introducing these restrictions, the Correctional Service is acting in violation of prison rules and in violation of the rights of his client.
Mr. Hannaway states that as a result of his treatment in the 1970s, he continues to suffer from anxiety attacks, post-traumatic stress disorder, and heart problems.
He also relies on visits from his relatives, who travel from Belfast to see him.
In judicial review proceedings against the Irish Prison Service and the Minister of Justice, Mr Hannaway is seeking an order reversing the service’s decision, which was announced last June, regarding prison visits.
It also requests orders that oblige the Penitentiary Service to take measures to ensure that the frequency and duration of renewed visits comply with prison regulations.
In addition, it seeks a statement that restrictions on your rights to family visits must take into account the Irish Constitution and the European Convention on Human Rights, and damages.
The matter came before Judge Anthony Barr, who, ex parte, granted Mr. Hannaway permission to present his challenge.
The case will return to court in November.
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