More than 200 heroin addict prisoners forced to go 'cold turkey' win £4,000 damages each for human rights breach

MPs condemned the Government after it was revealed that nearly 200 prisoners received £3,807 each in compensation - because they were forced to give up heroin in jail.

The convicted criminals claimed their human rights were infringed when they were deprived of the heroin substitute methadone and had to go "cold turkey".

A High Court test case involving six prisoners was given the go-ahead but the Government agreed to settle out of court and pay £750,000 to 197 inmates.

When lawyers' fees are taken into consideration, the total cost to the taxpayer is well over £1million.

The payouts were branded "disgusting" today as full details of the settlement emerged for the first time.

Andrew Rosindell, Tory MP for Romford, said: "This is astonishing. It's an outrageous waste of public money.

"You go to prison to receive punishment and drug addicts are supposed to be taken off drugs."

Matthew Elliott, chief executive of the TaxPayers' Alliance, said: "It's disgusting that law-abiding taxpayers are being forced to pay money to these drug-addled criminals.

"If you are in jail of course you should be forced to be clean. The prison system is failing precisely because meddling bureaucrats and foolish legislation stops prison guards doing their job."

The former heroin addicts claimed the cash from prisons around the country.

The prisoners had all been using methadone - paid for the the Government - to combat their addictions.

They claimed their human rights were breached when this approach was ditched in favour of a cold turkey detox.

The group claimed breaches under Articles 3 and 14 of the European Convention on Human Rights - which ban discrimination, torture or inhuman or degrading treatment or punishment - and Article 8, which enshrines the right to respect for private life.

They also claimed they were the victims of trespass in the form of unwanted treatment and accused the Prison Service of "clinical negligence".

A test case involving six of the 197 prisoners was given the go-ahead after a preliminary hearing at the High Court in May 2006.

The prisoner's barrister Richard Hermer, a human rights lawyer specialising in group actions against the Government, told the court: "Many of the prisoners were receiving methadone treatment before they entered prison and were upset at the short period of treatment using opiates they encountered in jail.

"Imposing the short, sharp detoxification is the issue."

Inmates claimed their drug treatment was "handled inappropriately" so they suffered "injuries and had difficulties with their withdrawal".

The full month-long hearing was due to take place in November 2006 but the Government settled out of court shortly before it was due to begin.

The money was then paid out through a set up called the "opiate dependent prisoner litigation scheme".

Among those to receive payouts are six inmates at HMP Altcourse in Fazakerley, near Liverpool, seven at Blakenhurst, near Redditch, Worcestershire, nine at Exeter, Devon, and 11 in Hull.

A Prison Service spokeswoman yesterday said the payments made were a minority of the claims made against the Government by lags but refused to give out details.

She said: "We successfully defend the majority of contested claims.

"We make payments only when we are instructed to do so by the courts or where strong legal advice suggests that a settlement will save public money.

"Each compensation claim received by the Prison Service is treated on its individual merits.

"Legal advice is sought and, on the basis of that advice, a decision is made on whether or not the claim should be defended.

"We cannot therefore comment on individual cases or the reasons that they were settled, as the terms of each settlement vary and may be subject to confidentiality clauses."

There are legal precedents to the settlement. In 2004, Lord Bonomy awarded armed robber Robert Napier awarded £2,400 for enduring the same treatment at Barlinnie prison in Glasgow.

During the same year, gunman George Knights, 46, given nine life sentences for shooting three police officers, repeatedly sought compensation after being refused extra luxuries for his cell.

The Government has paid out £9million in compensation to convicted offenders for a huge range of claims over the last few years.

Pay-outs were made for incidents including assaults by fellow lags, medical negligence and even sporting injuries while exercising in jail.