Two convicted terrorists were illegally held in solitary confinement for prolonged periods in prison, the supreme court has ruled.

Kamel Bourgass, who is serving a life sentence for the murder of a police officer, and Tanvir Hussain, jailed for involvement in the 2006 airline bomb plot, were kept in segregation for almost six months.

The five justices who considered the case unanimously declared that holding the men under such conditions for so long was unlawful because it breached prison rules.

Bourgass, the court heard, was locked in his cell for 23 hours a day and denied association with other prisoners. He was prevented from taking part in work or education for several months – partially, it was claimed, because he had fought another inmate.

Hussain was subject to similar conditions. He had been preaching through his cell window, the court was told, trying to convert inmates to an interpretation of Islam that was in line with his terrorist beliefs. Segregation, it was said, was one way of controlling the risk of disruption he posed to others.

The pair were alleged to have intimidated and bullied other inmates over matters of faith. Authorities in their respective jails had considered it was necessary to separate them from other prisoners “for good order and discipline”.

Both men denied accusations that they tried to influence and dictate the beliefs of other prisoners.

But cellular confinement for disciplinary matters, the court heard, can only be imposed for a maximum of 21 days. “That maximum,” the justices said, “reflects the well-known risks which solitary punishment poses to the mental health of those subjected to it for prolonged periods. In each case the appellant’s segregation beyond the initial period of 72 hours was not authorised, so was unlawful.”

Extensions of solitary confinement beyond 72 hours have to be authorised by a senior prison service official from the prison. The pair had also raised human rights issues – they claimed their rights had been violated – but that aspect of their case was rejected by the supreme court.

Bourgass, an Algerian, is serving 17 years for conspiracy to commit public nuisance by using poisons or explosives in relation to the 2002 ricin terrorist plot. He is also serving a life sentence for murdering DC Stephen Oake, 40, with a kitchen knife during his 2003 arrest at a flat in Manchester in 2003. He injured four other officers during that attack and is serving sentences for attempted murder of two officers and wounding a third.

Hussain was one of three men convicted of a conspiracy to launch suicide attacks on flights from Heathrow to the US and Canada using liquid bombs made of hydrogen peroxide hidden in soft-drink bottles. He is serving life with a minimum tariff of 32 years.



While detained at HMP Whitemoor in Cambridgeshire, Bourgass was segregated from 10 March 2010 until 22 April and again from 23 April until October or November of that year.



Hussain was segregated at HMP Frankland in County Durham from 24 April 2010 until October 2010.

A prison service spokesman said: “We are currently considering the supreme court judgment but are pleased it found no fault with the majority of the procedures around the segregation of prisoners. All prisoners who are segregated are already subject to a careful assessment so their physical and mental wellbeing is safeguarded.”

No prisoners are expected to be released from segregation as a result of the ruling.