The High Court has ruled that the detention of Rabbi Jonathan Abraham, a 47-year-old London resident, accused of performing a circumcision without medical credentials, in an Irish prison has been lawful. Last week an investigation under Article 40.4.2 of the Irish Constitution has been conducted by the High Court after Rabbi Abraham claimed a breach of human rights at Cloverhill Prison, where he remains in custody.
He alleged that his rights were violated due to the prison’s failure to offer Kosher food, a dietary requirement aligned with Jewish religious principles. His diet was significantly limited whilst incarcerated, as Kosher food exemptions were not considered. Additionally, he held that his human rights were violated as he was denied access to a religious object known as Tefillin, two small leather boxes essential to Jewish religious customs, worn on leather straps.
While the prison acknowledged flaws in supplying Rabbi Abraham with Kosher food, they did not agree with his claims of unlawful detention. The prison assured the Court during the inquiry hearing that methods to resolve Rabbi Abraham’s concerns had already been put into action.
The judge, Ms Justice Nuala Jackson, gave her ruling on Sunday stating that in this case, there had indeed been shortfalls in Ireland’s prison regulations. However, she also established that the detention conditions did not necessitate releasing the Rabbi from custody.
To successfully challenge the legality of his detention, she said, it would require a severe breach, such as a deliberate infringement of constitutional rights or cruel treatment that seriously threatens life or health, only to be ignored by the prison authorities. Ms Justice Jackson stated, in this case, conditions to that extreme were absent.
The judge declared that the authorities have candidly recognised their failures regarding this issue, and they have thoroughly explained their plan to correct these concerns. She also praised the Rabbi for being a devoted member of the Jewish community, whose unwavering faith has left a lasting impression on the court.
In considering all factors of the case, and due to her conclusions, the judge was ready to order the State to shoulder half of the Rabbi’s law-related expenses.
The Rabbi’s legal move was against the Governor of Cloverhill Prison and was backed by Matthew Holmes Bl, a barrister. The accused, a family man with a large brood of 10, is facing charges for performing a male circumcision, a surgical process, on a minor without proper medical qualifications. This occurred at an address in Dublin 15 and goes against the 2007 Medical Practitioners Act.
Last month, the Rabbi was apprehended in Dublin and subsequently, bail was not granted by the District Court. The severity of the crime and the possible risk of him absconding led the State to oppose bail.
Should he be found guilty, the Rabbi could be looking at up to five years in prison and a significant fine of up to €130,000. He is currently awaiting the hearing of an appeal against the refusal of bail later this month.