Samar and Jawad were decategorised in March 2000, so this petition has been archived.

The Category 'A' status:

In August 1998, the Category 'A' review commission reconsidered Samar and Jawad's category 'A' status. The main reasons for their current category 'A' status are:

• Their being convicted of a 'terrorist' offence
  
• The likelihood that they will escape
  
• The likelihood that they will 're-offend' or get in touch with 'associates'
  
• Public reactions, the view currently held being that the Prison Service should be tough on 'security' and on 'dangerous criminals'.

The application for de-categorisation was turned down again, but will be renewed again this year.

A 'Category A' prisoner is seen by the prison authorities to be one whose escape is likely to endanger the public, police and/or national security. As such, they are under a much stricter regime than other prisoners. In the case of Samar and Jawad, this is over and above the punishment of being wrongfully deprived of one's liberty, and compounds the painful effects created by any incarceration. Examples of these conditions are:

• Category 'A' prisoners are the first to be locked up when there are staff shortages. In Durham Prison, when there is no work, these prisoners are locked up in their cells, while other women prisoners can sit in other rooms.
• Prisoners are automatically subjected to strip-search before and after all legal and social visits.
  
• Category 'A' prisoners are said to have to be 'in vision' the whole time, and depending on the institution, lights may be kept on at night (e.g. in HMP Holloway)
• Their cell is subjected to regular searches, and prisoners are moved around every few weeks.
  
• Mail is screened by security staff, and telephone calls are taped.
• Visitors have to be cleared by police and the Home Office, a process that takes weeks. This would not be the case for prisoners in lower categories.

Arguments for de-categorisation

The arguments for de-categorisation have not changed. First and foremost, both Samar and Jawad were granted bail (twice in Samar's case) and attended the trial whilst on bail, during which both complied fully with the conditions of the bail. Thus, they do not constitute a danger and are unlikely to escape. Indeed, they never attempted to do so.

When sentencing them, the judge acknowledged that neither Samar nor Jawad belonged to a terrorist organisation, so the problem of contact does not exist, and there is no evidence to the contrary.

In custody, both Samar and Jawad have been placed on 'enhanced' regime, which means they are 'well-behaved' prisoners. Both are trying to use their time constructively by taking up art and education.

In 1995-1996, the severe category 'A' conditions over prolonged periods, in the context of widespread prison problems, have led to a serious deterioration initially in Samar's health, and subsequently in Jawad's case. Samar eventually got an apology for the way she was treated at HMP Holloway, treatment which occured despite numerous appeals and enquiries by many MPs, Amnesty International, and others. We are particularly concerned that they should not have to suffer this situation again.

This could happen again if Samar was moved elsewhere, particularly if she was brought down to Holloway Prison for the appeal, that prison being the only women's prison in London. As long as she is a category 'A' prisoner, it is unlikely that the Prison Service will be willing to consider moving her anywhere nearer to London. There are only a handful of category 'A' women prisoners in England, and it seems that only Durham Prison is equipped to deal with them. Apart from the distance from London (270 miles), this prison offers very limited options in terms of work or education. By contrast, male prisoners have more possibilities for placement, and even as category 'A', are often provided with notably better education and work opportunities. This is why Jawad wishes to be de-categorised, but is not too concerned about being moved at the moment .

Thus, it seems that the main hurdle for the de-categorisation is the offence they were convicted of. Aside from the fact that both continue to protest their innocence, if the only reason for their status is the conviction, the category 'A' status is being applied as an extra punishment, and there is nothing Samar and Jawad can do or work towards in order to change it. It would be fairer for the Category 'A' Committee to look at Samar and Jawad's case objectively, particularly in view of the fact that it is not obliged to keep them in their current status.