‘Its psychologically torture,’ says brother of IPP inmate – BBC

Analysis of Indefinite Detention and its Conflict with Sustainable Development Goals: The Case of Imprisonment for Public Protection (IPP) Sentences

Introduction: The Case of Rob Russell

The case of Rob Russell, a Gloucestershire man incarcerated for 16 years on an initial two-and-a-half-year tariff, exemplifies a critical challenge to the United Kingdom’s justice system. His continued detention under an Imprisonment for Public Protection (IPP) order highlights significant conflicts with several key United Nations Sustainable Development Goals (SDGs), particularly those concerning health, justice, and equality. This report examines the systemic issues raised by the IPP sentencing regime through the lens of the SDGs, based on the campaign for Mr. Russell’s release.

Violation of SDG 3: Good Health and Well-being

The Mental Health Impact of Indefinite Sentencing

The prolonged and indefinite nature of IPP sentences has a demonstrably negative impact on the mental health of prisoners, directly contravening SDG 3, which aims to ensure healthy lives and promote well-being for all. Mr. Russell’s experience is a stark illustration of this failure.

• His family reports a “slow, painful decline in his mental health” over 16 years of incarceration.
• The psychological strain of the sentence has led to non-engagement and behaviour that his brother describes as “a level of madness.”
• Despite a period of improvement in a low-security mental health facility in 2017, his return to a conventional prison environment precipitated a further decline.
• His subsequent transfer to a medium-security facility indicates a perceived increase in risk, which campaigners argue is a direct consequence of the psychological torture inherent in the IPP sentence.

Challenges to SDG 16: Peace, Justice and Strong Institutions

Erosion of Justice and Institutional Failings

The IPP sentence framework represents a significant failing of institutional justice, undermining SDG 16’s goal to promote just, peaceful, and inclusive societies. The system lacks the accountability and fairness required by the rule of law.

1. IPP sentences were introduced in 2005 but abolished in 2012 due to widespread concerns over their implementation and human rights implications.
2. The abolition was not made retroactive, leaving a cohort of prisoners under a discredited legal framework.
3. Government data confirms that over 1,000 individuals sentenced under IPP have never been released from their original sentence.
4. An additional 1,532 individuals have been recalled to prison, demonstrating the sentence’s lifelong impact and potential for cyclical incarceration.

Calls for Institutional Reform and Accountability

In line with SDG Target 16.6 (develop effective, accountable and transparent institutions), families and campaigners are appealing to Parliament for systemic reform. The current government position, which prioritizes public safety and relies on its IPP Action Plan and Parole Board assessments, is seen by campaigners as insufficient to address the fundamental injustice. Former Lord Chancellor Alex Chalk KC acknowledges the “significant consequences” of the system but raises practical concerns about re-sentencing, highlighting the need for adequate resources for psychiatric and rehabilitative support to enable safe release.

Implications for SDG 10: Reduced Inequalities

Disparity within the Justice System

The continued detention of nearly 3,000 people under the abolished IPP system creates a profound inequality within the justice system, contrary to the aims of SDG 10. These individuals are subject to a form of punishment that has been legally discontinued for others, creating a two-tier system of justice that disproportionately affects a specific group of prisoners, many of whom are struggling with significant mental health challenges exacerbated by their sentences.

Conclusion: A Call for Action Aligned with SDG 17 (Partnerships for the Goals)

A Multi-Stakeholder Approach to Resolution

Resolving the IPP crisis requires a collaborative partnership between government bodies, the justice system, healthcare providers, and civil society, as envisioned in SDG 17. The campaign, led by families like the Russells, demonstrates a grassroots effort to engage with policymakers to achieve justice and institutional reform.

Proposed Pathways to Resolution

To align the justice system with SDG principles, campaigners and advocates propose several key actions:

• A comprehensive re-sentencing of all individuals currently held on IPP orders to ensure proportionality and legal consistency.
• The establishment of a clear and permanent pathway for individuals with mental health needs from prison to therapeutic facilities and then into community-based support.
• Investment in robust psychiatric, drug, and alcohol treatment programs to support rehabilitation and satisfy Parole Board requirements for safe release.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 3: Good Health and Well-being: The article extensively discusses the severe negative impact of the Imprisonment for Public Protection (IPP) sentence on the mental health of the prisoner, Rob Russell. It details his “slow, painful decline in his mental health” and the psychological strain of indefinite imprisonment, which directly relates to promoting mental health and well-being.
• SDG 16: Peace, Justice and Strong Institutions: The core issue of the article is the IPP sentence, a legal instrument that, although scrapped, continues to affect over a thousand individuals. This raises questions about access to justice, the fairness of the legal system, and the effectiveness and accountability of judicial and governmental institutions. The campaign to re-sentence prisoners is a direct call for justice and institutional reform.

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 3: Good Health and Well-being

  • Target 3.4: By 2030, reduce by one third premature mortality from non-communicable diseases through prevention and treatment and promote mental health and well-being. The article highlights the severe deterioration of Rob Russell’s mental state, described as a “slow, painful decline” and a “level of madness,” caused by the “mental strain from trying to serve the IPP sentence.” The call for better support, such as psychiatric treatment and ensuring prisoners are not returned to conventional prison from mental health units, directly aligns with the goal of promoting mental health and well-being.

• SDG 16: Peace, Justice and Strong Institutions

  • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The IPP sentence, which keeps individuals incarcerated indefinitely beyond their original tariff, is presented as a significant justice issue. The family’s appeal to parliament and the campaign to “re-sentence those currently on IPPs” are efforts to ensure a more just and proportionate application of the law for this specific group of prisoners, thereby promoting access to justice.
  • Target 16.6: Develop effective, accountable and transparent institutions at all levels. The article discusses a policy (IPP sentences) that was introduced, implemented, and later scrapped due to its problematic nature. The fact that successive governments have attempted to resolve the issue and the creation of a government “IPP Action Plan” reflect ongoing efforts to address the failures of a past institutional policy and make the justice system more accountable for its consequences.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• SDG 3: Good Health and Well-being

  • Implied Indicator for Target 3.4: The article implies the need to measure the provision of mental health care for prisoners. Rob Russell’s transfer to a mental health facility, and the campaign’s demand that prisoners “should never go back to prison” from such a facility, suggest that an indicator could be the *rate of successful transition of prisoners from mental health units to community support rather than back to prison*. The article also mentions the need for prisoners to get “the support that they need, such as psychiatric or drug and alcohol treatment,” which can be measured as the *proportion of prisoners with mental health needs receiving adequate treatment*.

• SDG 16: Peace, Justice and Strong Institutions

  • Indicator for Target 16.3: The article provides specific data that can serve as an indicator. It states that “more than 1,000 people have still never been released and a further 1,532 have been recalled due to having an IPP.” This data directly functions as an indicator: *the number of individuals remaining in prison or recalled to prison under the IPP sentence*. A reduction in this number would indicate progress towards ensuring access to justice for this cohort.
  • Implied Indicator for Target 16.6: The effectiveness of institutional reform can be measured by the outcomes of policies designed to address the IPP issue. The article mentions the government’s “IPP Action Plan” and the claim that it “has made a dramatic impact in the number of prisoners serving these sentences.” Therefore, a key indicator is the *reduction in the number of prisoners serving IPP sentences as a direct result of government action plans or legislative changes*.

4. Summary Table of SDGs, Targets, and Indicators

Source: bbc.com