The Telegram (St. John's)

HMP inmate wrote Human Rights Commission days before his death

Justin Jennings says Chris Sutton’s letter illustrate­s the same things he’s been saying for months about HMP

- BY TARA BRADBURY tara.bradbury@thetelegra­m.com Twitter: @tara_bradbury

Justin Jennings says reading the letter Chris Sutton wrote to the province’s Human Rights Commission from prison days before his death is almost too much to bear.

“It kills me. It’s so hard to hear,” Jennings told The Telegram Thursday.

Jennings’ emotion comes partly from the fact that Sutton was a friend; partly because he feels he came close to suffering the same fate.

Sutton died in his cell at Her Majesty’s Penitentia­ry last weekend. His letter, neatly handwritte­n in pen on loose leaf and dated June 25, appealed for help. He asked about prisoners’ rights to fresh air and exercise, the legal limits of time spent in segregatio­n, and wondered if being held in a room with 24hour lighting was even legal.

“Here at HMP, segregatio­n is like no other,” Sutton wrote. “It’s by far the worst punishment a person can endure in a Canadian facility.

“I’m seeking change, a change for the people in the future who may be place in such a tough situation. Please help me and send me whatever informatio­n possible.”

Sutton was the fourth inmate to die in prison in this province since last August. Three of them died since April.

Jennings says he came close to taking his life while in segregatio­n in HMP.

“If I hadn’t learned to draw and spent so many hours doing that, keeping my mind busy drawing, I would have been inside my head all that time and that would have been me,” he says.

Jennings, 34, was released from custody in May after a provincial court judge reduced his sentence for three assaults, a charge of driving while prohibited

and breaches of court orders due to the conditions he endured inside HMP, particular­ly in segregatio­n. He told the court of spending long periods of time in “The Hole,” being denied exercise periods or time outdoors, being denied his ADHD and anxiety medication, and requesting help for his mental health issues but being ignored. At one point, the court heard, the prison psychologi­st had written a letter to prison officials, saying Jennings was at risk of a mental breakdown and requesting he be removed from segregatio­n. It didn’t happen.

Calling the evidence he had heard from Jennings and prison staff “disturbing,” Judge James Walsh had harsh words for the facility structure and the actions of certain staff. Walsh said Jennings’ case highlighte­d the “complete inadequacy” of the prison, both for inmates and those working there.

“There are limited options available to prison officials

in that facility as to where to house inmates whose condition is like that of Mr. Jennings. However, what is there must be used judiciousl­y, fairly, and not excessivel­y,” he said.

Jennings equates some of the treatment he received in prison to torture, and says he witnessed the same when it comes to Sutton.

“We’re in there for punishment for breaking the law, but what they’re doing to us is criminal,” he says of HMP staff. “They watch us deteriorat­e and they don’t do anything.

“Chris was a good guy. He had his troubles, but he didn’t deserve to be treated the way he was.”

Kim Mackay, vice-chair of the province’s Human Rights Commission, was given Sutton’s note and said the recent spate of inmate deaths shows there is a need for better administra­tive processes to ensure the humane treatment of prisoners, and that inmates with mental health issues are receiving appropriat­e care.

The Department of Health has announced that it plans to take on oversight of health care for prisoners by the end of next year. Mackay says the current system under the Department of Justice allows prisoners’ medical needs to slip through the cracks, like placing inmates who are mentally ill in segregatio­n.

“The issue I have is that if somebody had cancer and we locked them up, we would not deprive them of treatment,” Mackay said.

Mackay says Sutton’s letter is consistent with comments she’s heard from other inmates, and he demonstrat­ed an understand­ing of the internatio­nal laws protecting his rights.

Sutton referenced the United Nations’ Standard Minimum Rules for the Treatment of Prisoners — also known as the Nelson Mandela rules — that lay out limitation­s on the amount of time a prisoner can spend in segregatio­n.

Mackay says she brought concerns over the “grey areas” of segregatio­n policies to provincial Justice Minister Andrew Parson’s attention over a year ago.

While Mackay says small steps have been made to improve policy, such as limiting the time an inmate can spend in segregatio­n to 10 days, she adds that she has heard complaints about the loopholes in these policies. For example, an inmate can be taken out of segregatio­n after one day, then put back in.

Justice Minister Andrew Parsons has ordered an independen­t review into the four deaths.

Retired police Supt. Marlene Jesso will examine policies, procedures and how correction­s staff have responded to the deaths.

 ?? FILE PHOTO ?? Her Majesty’s Penitentia­ry in St. John’s.
FILE PHOTO Her Majesty’s Penitentia­ry in St. John’s.

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