had no psychiatric training, considered that this might be because of the change in his medication,
and prescribed a return to his previous medication. At 6 pm that day Mark Keenan assaulted two
hospital officers and was placed in an unfurnished cell and put on a 15 minute watch. On May 1st
the prison’s senior medical officer, who had six months training in psychiatry, certified him fit for
adjudication in respect of the assault, and fit for segregation. Whilst in the segregation wing, Mark
Keenan appeared agitated and distressed and was threatening to harm himself. He was transferred
again to an unfurnished cell in the hospital wing where he continued to appear agitated and was
aggressive towards staff.
On May 3rd his medical notes recorded that Mark Keenan’s attitude was ‘very much better’, and that
he had requested to be returned to the segregation unit. Back at the segregation unit, it was noted
that he seemed better but still needed watching. It was further noted that he stated that he felt that
he was about to ‘go off on one’. The medical notes from that evening recorded that he was being
troublesome and given extra medication. There were no further entries in his medical notes until
his suicide on May 15th, although entries in the segregation unit’s log indicated that he was ‘acting
very strangely’. On May 14th, nine days before his expected release date and two weeks following
the event, adjudication in respect of his assault on the officers took place and he was awarded 28
additional days in prison, and seven days in punitive segregation. The following morning he was
seen by the chaplain, the doctor, and visited by a friend. They all later recalled that he seemed calm
if unhappy about his punishment. At 18:35 that evening Mark Keenan was found dead in his cell.
There was indication that sometime prior to hanging himself he pressed the panic button in his cell.
The court’s findings
Assessing whether Mark Keenan’s treatment violated Article 3 of the ECHR, the Court found that it
had, and was particularly critical of the level and standard of medical care he received: “the Court
is struck by the lack of medical notes concerning Mark Keenan, who was an identifiable suicide risk
and undergoing the additional stresses that could be foreseen from segregation ... the lack of effective
monitoring of Mark Keenan’s condition and the lack of informed psychiatric input into his assessment
and treatment disclose significant defects in the medical care provided to a mentally ill person known
to be a suicide risk. The belated imposition on him ... of a serious disciplinary punishment... which may
well have threatened his physical and moral resistance, is not compatible with the standard of treatment
required in respect of a mentally ill person”(at pars. 113-115).
66
Sourcebook on solitary confinement: The role of health professionals in segregation units
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