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Inmate fails to cut cost of calls | Inmate fails to cut cost of calls |
(about 2 hours later) | |
An inmate has failed to use human rights legislation to force a prison to charge him less for phone calls. | An inmate has failed to use human rights legislation to force a prison to charge him less for phone calls. |
Richard Davison, serving 12 years for drugs offences at HMP Elmley, in Kent, wanted the High Court to back his bid. | Richard Davison, serving 12 years for drugs offences at HMP Elmley, in Kent, wanted the High Court to back his bid. |
But Mr Justice Mitting ruled Davison's right to family and private life under Article 8 of the European Convention on Human Rights had not been infringed. | But Mr Justice Mitting ruled Davison's right to family and private life under Article 8 of the European Convention on Human Rights had not been infringed. |
The fact that prisoners received visits and letters demonstrated their rights were protected, said the judge. | The fact that prisoners received visits and letters demonstrated their rights were protected, said the judge. |
Davison, who is not due for release from the jail until September 2009, had applied for permission to challenge a Prison Service refusal in January to attempt to renegotiate its BT contract, which runs until 2011. | |
Ombudsman's support | Ombudsman's support |
Davison's lawyers had argued that the price of calling his girlfriend in Essex, or family members in Yorkshire, was unfairly higher from jail phones than from public booths. | |
They said prisoners currently pay 10p for the first 55 seconds of local or national calls to landlines, then 1p per every 5.5 seconds. | |
The cost of calls from BT public payphones is 40p for the first 20 minutes followed by 10p for each subsequent 10 minutes. | |
Davison had won the support of the prisons ombudsman who said his complaint was justified and recommended the Prison Service reopen negotiations. | Davison had won the support of the prisons ombudsman who said his complaint was justified and recommended the Prison Service reopen negotiations. |
The convict had hoped the High Court in London would issue a court order requiring the Prison Service to act on the ombudsman's recommendation. | The convict had hoped the High Court in London would issue a court order requiring the Prison Service to act on the ombudsman's recommendation. |
But the judge ruled the case "unarguable" and said he was "wholly unpersuaded" such an order was appropriate or enforceable. | But the judge ruled the case "unarguable" and said he was "wholly unpersuaded" such an order was appropriate or enforceable. |
The judge said: "Not every restriction upon the use of telephone facilities can constitute an interference with family life that engages Article 8." | The judge said: "Not every restriction upon the use of telephone facilities can constitute an interference with family life that engages Article 8." |
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