User:Sajani2014/sandbox

Simon Ajani Dungavel House IRC, Muirkirk Road, Strathaven, South Lanarkshire, ML10 6RF 5th March, 2014

NOMS Number   : A5643CV Detention NO  : DG 15636 Home Office Ref: A1341962

Joint Committee on Human Rights Committee Office, House of Commons 7 Millbank London. SW1P 3JA

RE:FAIRNESS, JUSTICE, HUMAN RIGHTS DENIED AFTER INJURY WAS SUSTAINED IN HM PRISON CUSTODIAL

It will be recalled that I suffered negligent medical treatment after my accidental fall from upper bunk bed with no side barrier and step ladder to climb up/down in HM Prison custody on 25th February, 2013. The iron framed chair used as step ladder upon which I fell before crashing on the floor make the injury multiple and severe which includes banged head.

I have been transfered to 6 HM Prisons and Immigration Removal Centers in less than 12 months of incident, specialist referral appointments had been cancelled due to movement from pillar to pole which can be attributed to my deteriorating health conditions of which the Home Office was aware but ignored, rather opposing my bail applications to enable me get appropriate treatment upon release as I was inflicted a life time injuries in HM Prison where I deserved to be kept safe.

Referral X-ray results from NHS Retford and NHS Lanarkshire of 30th May, 2013 and 10th February, 2014 respectively shows minor and high degenerative, and joint-bone abnormality, I have been referred to an Orthopedic doctor on 24th February, 2014 by the Dungavel House IRC Healthcare unit doctor and have been put on the waiting list. I am unable to walk properly, suffe''I therefore request that I be issued a permanent residence card on a discretion and exceptional ground to enable me attend to orthopedic doctor's appointment to get my health fixed as I met the requirements of the Retained Right of Residence under Regulation 10 (5) (b) (i) of the (EEA) Regulations 2006.rs persistent pains, headache and nightmares despite that I have been on pain killer and sleeping tablets since April, 2013 until moment, having nightmares, talking loudly, screaming, unconscious body movement in my sleep, required MRI CT scans of my banged head. I have never been allowed to use the gym in all HM Prisons and Detention centers due to my bodily injuries.(copies of witness statements from HM Pris''I therefore request that I be issued a permanent residence card on a discretion and exceptional ground to enable me attend to orthopedic doctor's appointment to get my health fixed as I met the requirements of the Retained Right of Residence under Regulation 10 (5) (b) (i) of the (EEA) Regulations 2006.ons and Dungavel detention center enclosed)

The Home Office decision to detain me in prison for 7 months after completion of my sentence and 1 month now in detention center with my health condition had breached my right under Article 2, 3 & 5 of the European Convention on Human Rights because I did not commit any violent crime, poses no danger to the public good, and I have paid my dues to the public for a retrospective offence to have worked with a false instruments on arrival in the UK in 2004-2008 which was before Section 32 (5) UK Border Act 2007 as set out by (SI2008/1818) effective from 1 August 2008, Article 7 (ECHR) stated that no heavier punishment shall be imposed other than the applicable as at the time the offence was committed. I have paid tax and NI contributions from the salary earned from usage of false instruments.

I have been working with valid visa from year 2009-2013 to the point of pleaded guilty to the retrospective offence. NOMS report indicates that my risk of re-offending and risk of harm to the public is as low as 4% - 8% in 2 years. (copies is herewith enclosed). The decision did not comply with the principle of proportionality nor represent a genuine, present, sufficiently serious threat affecting one of the fundamental interest of society, general prevention and person's previous criminal convictions do not in themselves justify the decision, Regulation 21 (5) (a) (b) (c) (d) & (e) of the (EEA) Regulations 2006 refers.

I should not be deported to go and die in my country I have left over a decade if my appeal against revocation of my residence card and asylum application yielded no fruitful dividends. It will be sad and unfair in a lawful country of Ours where Human Rights is highly respected to suffer an institutional abuse to become disabled for a life time, face uncertainty as I don't know where to start if deported and am scared of facing life threatening that prompted me to fled from my country 10 years ago. I am not a violent person, no previous conviction or caution against domestic abuse, I am a self sufficient person as a mental health nurse and not an unreasonable burden to the social system assistance in the United Kingdom.

The Secretary of State took the decision to detain me indefinitely with no evidence to substantiate her assertion that the requirements of serious grounds of public policy have been met, therefore, the decision is not in accordance with the law, but rather a presumption based on matters which relates to considerations of general prevention which again, is unlawful.

I therefore request that I should be accorded my human rights to stop moving me from pillar to pole to enable me attend to my medical treatment appointments before my health becomes worse than as it is now, and to regain my freedom under Article 5 of (ECHR) as my indefinite detention is unlawful. No date has been fixed for my adjourned appeal against revocation of my residence card, my asylum application remains pending with no decision made yet. It is unlawful to detain me for almost a year after my sentence.

While thanking you in anticipation, I am also expecting to hear from you soonest. Yours Sincerely,

Simon Ajani.

Cc: Gloria Howell - CCD Casework 17 : The Parliament and Health Service Ombudsman : Welfare Manager - Dungavel House IRC : Hesling Henriques Injury Solicitors