The Court of Appeal has ruled that an asylum-seeker from Kenya can pursue a Disability Discrimination Act (DDA) case against the Home Office and the company which runs Harmondsworth Detention Centre.

Peter Gitau Gichura (pictured), a wheelchair-user, was held at Harmondsworth in west London in February and August 2006.

He claims that bathroom facilities there were inaccessible, that he received inadequate medical treatment and that he was subjected to “painful and threatening” body searches (Disability Now, July 2007, News).

The Court of Appeal ruling establishes that the DDA did offer protection to disabled people in prisons and detention centres before December 2006 and the introduction of the disability equality duty (DED).

The DED is meant to ensure that all public authorities pay “due regard” to the promotion of equality for disabled people in every area of their work.

Claire Glasman, from WinVisible, a disability rights group campaigning on behalf of Mr Gichura, said the ruling was important for all disabled people in detention centres and in prison.

She said: "We oppose the apartheid standard of treating some of us as if our lives are worth less. We refuse to accept a choice between death in our home country and inhuman treatment in the UK."

Mr Gichura fled Kenya after he allegedly received death threats from government officials and has had several asylum applications rejected since his arrival in the UK in June 2001.
A judicial review will decide if Mr Gichura can stay in the UK.

Press release