A Canberra prison inmate has been on a 47-day hunger strike and is prepared to die, with medical staff powerless to intervene and his parents concerned for his welfare.
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Isa Islam, who is serving multiple sentences for violent offences but became eligible for parole this month, began his hunger strike on December 9 and on January 10 was transferred to Canberra Hospital.
Corrections Minister Shane Rattenbury confirmed on Friday that the prisoner had provided ACT Corrective Services with clear instructions and in the absence of a court or tribunal order, he cannot be forced to eat.
"The ACT government has received clear legal advice that based on the clinical condition of the detainee there are no lawful grounds for seeking a court order in the circumstances," Mr Rattenbury said.
He said the prisoner had made a number of written demands regarding his early release, financial compensation and the settlement of his personal debts. But meeting those demands was "beyond the government's authority or legal capacity".
The prisoner is being held in custody at Canberra Hospital. He has refused a saline drip and is only taking water.
Islam was born Carl Ewing, one of three children from country WA. His elderly parents, Robyn and Royce Ewing, live just outside Albany.
Royce Ewing told the ABC the phone rang about 7.30am on Thursday with the news that corrections in Canberra was on the phone and his son wanted to talk to him.
"I call him Carl," Mr Ewing said.
"He said: 'Dad, I'm in intensive care and haven't eaten for 45 days'.
"Well, that blew me away and I sort of broke down then."
Mr Ewing said his wife, Robyn, then spoke to her son for about half an hour.
"He said they [the corrections officers] wouldn't allow them [to observe] their religious beliefs in jail at certain times," Mrs Ewing said.
"He sounded very tired. He wanted to talk about when he was a little boy and his family over here [in WA].
"We don't hear from him very much but he's thought about often and he's loved by us all. We're a very strong country family and he's our boy."
Mr Rattenbury said it was "an extremely difficult and challenging situation" with corrections officers and medical staff all striving to change the man's decision while providing him with "appropriate care and treatment".
"All decisions have been made in consultation with him [the prisoner]," he said. "Ultimately this is a matter for the detainee. It is his choice."
Mr Rattenbury said he was limited in the amount of detail he could provide under the Health Privacy Act.
"I can confirm that his medical condition has declined further since his admission [to hospital]," Mr Rattenbury said.
Islam is a former street preacher who was convicted of stabbing a man outside an Ainslie takeaway in July 2009, leaving the man paralysed. The victim was Islam's neighbour at the Ainslie Village supported accommodation, whom Islam accused of stealing from him.
Islam was handed a nine-year jail term in 2010.
In April 2015, Islam was sentenced to more jail time for the vicious bashing of a fellow inmate.
The victim, Darren Lee Cassidy, was hospitalised for four weeks – including five days intubated in intensive care - with facial fractures that required reconstructive surgery to fix.
Islam received another six years added to the nine and was eligible for parole this month, January 2019.
He launched series of lawsuits while in jail, accusing authorities of denying him access to a computer and not giving him a job at the jail, alleging discrimination and saying he had been subjected to jokes involving Islamic State because of his Muslim faith.
Islam made more than 20 separate claims of discrimination against corrections officers, sought orders requiring prison management to ensure officers and contractors did not breach the Human Rights Act, and for two officers to undergo remedial training in relation to discrimination, unlawful search and seizure and inmate safety.
Islam has completed three masters degrees during his time behind bars.
In a 2016 judgement Associate Justice David Mossop described Islam as "clearly intelligent" but had "a propensity to attribute a persecutory explanation to the events which are otherwise explained".
In November, he lost his latest case, which alleged jail authorities had breached his human rights by serving him a chicken roll despite being vegetarian.
In that case, Associate Justice Verity McWilliam dismissed his claim, finding jail staff had been "generally willing, and the system is reasonably able, to ensure the protection of a prisoner's right to practise his or her religion through adherence to a certain diet".
She said the failure to supply Islam with a vegetarian roll had not been a lack of respect for his human rights, but non-compliance with the procedure notifying the kitchen.
"For example, although the full detail of what occurred was not before the court, it is concerning that a prisoner who is identified as being unable to eat the ham sandwich for lunch on any given day must, on occasion, go without and is given cereal instead," Associate Justice McWilliam said.
Mr Islam had been treated as a Muslim who was able to eat halal meat except for pork and seafood, she found.
The Human Rights Commission and other relevant authorities have been notified.
