A High Court judge has reserved judgment on claims by four young males their human rights were breached as a result of their treatment following serious incidents last August at Oberstown children’s detention centre.
Ms Justice Una Ní Raifeartaigh heard final arguments in the cases on Thursday, after which she said many issues had to be considered and she was reserving judgment.
Two of the males are 16, one is 17 and the fourth is 18. The court has ordered none can be identified.
All allege they were subject to “de facto solitary confinement” arising from their treatment following incidents at the north Co Dublin centre on the night of August 29th/30th, 2016.
Their claims include that they were locked into rooms for “unjustifiable” periods of several days without being given any stimulation or exercise, with communication only via a hatch in the door of the room. They also allege they were denied contact and visits with family members. This treatment was in breach of Oberstown’s separation policy, it is alleged.
Damages sought
The actions are against the director of Oberstown and the Minister for Children and Youth Affairs, with the Irish Human Rights and Equality Commission involved as an assistant to the court on legal issues. All four want declarations their rights were breached, plus damages.
The director of Oberstown, Pat Bergin, denies their rights were breached and says, arising from the incidents of August 2016, certain measures had to be taken under the separation policy. The policies in place at Oberstown are ahead of the law, the court was told.
The incidents were the most serious at the centre in some 20 years and involved a number of detained young people getting on to the roof of a building on the campus and substantial damage to another building, the judge was also told. The court also heard the director believed the four plaintiffs were involved in some way in the incidents and one of the four had written in a diary he was among those who went on to the roof.
