Prior to being jailed in February 2020 for breaching the TPIM order, Uddin had served a sentence for racially or religiously aggravated harassment.
TPIMs allow the authorities to control people whom the government believes are involved in terrorism, but who are not facing criminal charges. The home secretary acts on advice from MI5 when imposing TPIMs.
Subjects of TPIMs face measures such as wearing an electronic tag, curfews, relocation to a different part of the country, bans on internet use, controls on finances, and limits on who they can meet and where they can go.
Breaches can result in a terrorism conviction and prison sentence. TPIMs can currently last up to five years, up from a maximum of two years when Uddin was under one.
Uddin breached the measures 12 times by withdrawing more money than he was permitted. The inquest heard he largely spent it on drugs. He had over 20 previous criminal convictions – none of which were for terrorism offences.
The inquest, which was the first ever to consider the impact of TPIMs, heard that Uddin believed the order was originally imposed because he had made reckless statements while under the influence of drugs, but that he insisted he was not a terrorist.
It is understood he was alleged to have made verbal threats and associated with people regarded by MI5 as being involved in terrorist activity.
Coroner Bernard Richmond KC said Uddin was “loved and loving” but was “not someone without his troubles” and these revolved around his drug use.
The coroner said he will be issuing a report to the government out of concern about a risk to other people under the terrorism control measures.
When the TPIM was first imposed on Uddin in January 2020, he was forcibly relocated to the West Midlands after being arrested at the prison gates in front of his sister who had come to meet him on release.
The full reasons for a person being on a TPIM are typically kept secret, even from the person subject to the TPIM, because they are based on MI5 intelligence.
The inquest heard that Uddin feared the TPIM would be re-imposed when he left prison early in 2022, and that he would again breach it due to drugs.
Today the inquest jury concluded the following:
“We are satisfied that the imposition of the original TPIM and its unusually restrictive nature had a substantial impact on the mental state of Akhtar Uddin.”
“We are satisfied that the fear of a likely reimposition of such a restrictive TPIM, and its possibly never-ending nature, had a significant impact on the mental state of Akhtar in prison.”
“We are satisfied, as a result of the consistent evidence that prison services were unaware of TPIM restrictions and their likely impact on Akhtar, there was a failure to provide support most suitably targeted to Akhtar’s specific needs and situations.”
A governor at HMP Wandsworth accepted in evidence that lack of knowledge of TPIMs by prison staff had resulted in “unintentionally cruel” treatment of Uddin.
Giving evidence, Uddin’s sister Jasmine said that, in the weeks before his death, he had described “counter terrorism officers” questioning him in prison and saying he would never get off the TPIM.
A statement from Uddin’s family, issued by their solicitors Birnberg Peirce, said they welcomed the inquest’s findings.
“Although nothing can bring back their loving son, brother and uncle, they hope that this will make a real difference to those who are currently at the mercy of this inhumane regime.”
His former solicitor, Amer Ahmad, had told Uddin in autumn 2021 there were “highly limited prospects” that he would succeed in having the TPIM legally overturned, the inquest heard.
Dr Richard Latham, an NHS consultant forensic psychiatrist, appeared as an expert witness for the coroner and concluded that Uddin had an undiagnosed “personality disorder”, associated “psychological problems and vulnerabilities”, and this resulted in impulsiveness, grievance and paranoia.
He said Uddin probably assumed the worst about the TPIM in future, and that this prospect would have created “distress and a sense of hopelessness”.
Dr Latham added TPIMs are intended to create a “degree of isolation,” but that plays on psychological vulnerability and can create “emotional isolation”.
Questioned by Jesse Nicholls, representing the bereaved family, Dr Latham said Uddin “felt a sense of injustice” about being branded a terrorist.
The inquest heard there was little or no awareness by staff in HMP Wandsworth of TPIMs. The coroner said “very few people, if any” knew about Uddin’s TPIM, the revocation, or potential re-imposition.
In the absence of jurors, the coroner said there was much assessment by the state of Uddin’s potential risk to others, but he had seen “nothing” showing any assessment of risks to him. He said there is a “paucity of support for people subject to TPIMs” and there is a potential risk to other people subjected to them.
For this reason, he added, he would be writing a preventing future deaths report.
There has been a trend towards TPIM subjects having mental health issues.
The independent reviewer of terrorism legislation, Jonathan Hall KC, has noted in previous reports that the “Home Office recognises poor mental health as a dominant feature amongst recent TPIM subjects” and that “poor mental health and neurodivergence (autism)” as being in evidence amongst them.
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