The GMC Breaches The Human Rights of its Registrant by Torture and heading for Civil Court

 Mr. Joseph Onwude FRCOG

The Croft, Warley Road, Great Warley, Brentwood CM13 3HT

jlonwude@btconnect.com

Mr. Charles Massey                                                                                                 19/02/2022

CEO and Registrar, The General Medical Council,

3 Hardman Street, Manchester M3 3AW.

Emailed to: jim.percival@gmc-uk.org

Mr. Percival,

Letter Before Action

The GMC Breaches The Human Rights of its Registrant by Torture

I am assuming that you are the right individual to send this ‘Letter Before Action’ against

Mr. Charlie Massey, Mr. Niall Dickson, Mr. Anthony Omo and The General Medical Council.

The issue is that these two bodies, by the systems they set up are liable for damages for Breaches of my Human Rights as specified in Article 3 of the Human Rights Act 1998 in the time 2013 to period 2018. As you can expect, the effects on me and my family are far reaching and persist.

I am going to rely for this action on the following:

1. Article 1 of the UNITED NATIONS COVENTION AGAINST TORTURE.

2. Article 7 of The Rome Statute, 1998.

3. TORTURE (DAMAGES) ACT, 2009

The focus of this claim for civil damages is that these bodies made 13 unfounded allegations knowing they were unsupported.

Charlie Massey, Niall Dickson, Anthony Omo and the GMC, by their actions or in the processes they set up breached the following and are therefore liable.

In the malicious GMC hearings, initiated under Niall Dickson and maintained under Charlie Massey and by Mr. Anthony Omo, all the allegations were proved and the registrant was erased from the Medical Register on 15/12/2016.

Under challenges, these GMC proven allegations crumbled against a Litigant in Person.

Herein lies the torture:

1] The claim that The General Medical Council pursued 13 unfounded allegations from 21/9/2015 to 8/3/17.

• Five allegations were dismissed by Collins J on 8/3/17 as without foundation.

• The Court of Appeal found against the GMC on two allegations when they appealed Collins J.

2] The claim that the General Medical Council maliciously pursued 8 remaining allegations from 8/3/17 to 5/6/18. One rehashed allegation was defeated and 3 allegations were withdrawn.

3] The claim that The General Medical Council maliciously pursued 4 remaining allegations from 5/6/18-24/10/18. Two allegations were withdrawn on 24/10/18.

4] The claim that The General Medical Council maliciously pursued 2 allegations from 5/6/18-24/10/18. These two allegations were defeated as allegations that did not amount to serious misconduct or impairment.

The process of dismissing the 13 unfounded allegations from 21/9/15 - 2/11/18 has been a physical and emotional torture by a public body with the consent or acquiescence of a public officials, both Mr. Niall Dickson and Mr. Charlie Massey as Registrars of the General Medical Council and another person acting in an official capacity, Mr. Anthony Omo, as Director of Fitness to Practice Directorate of The GMC.

I am relying on the definition of torture as it applies to me, as the act of deliberately inflicting severe physical or psychological suffering on someone (Mr. Joseph Onwude, a registrant with The GMC) by another (The General Medical Council), as a punishment or

in order to fulfil some desire of the torturer. These defendants will claim that they were fulfilling the over-arching objective of the GMC to protect the public. They ignore the overriding objective in the Medical Act 1983, as amended in 2015, the Medical Act in force at the times of these tortures. It specifies that when the over-arching and overriding objectives are in conflict, the GMC must give priority to the overriding objective.

Background to Torture

Between 2008 and 2013, 28 doctors committed suicides during Fitness to Practice hearings. The General Medical Council’s explanation was that doctors needed to be more resilient, and recommended this training at medical school level (Horsfall, 2014). However Parliament chose to make the GMC more responsible by altering the statute in 2015.

Previously The Medical Act 1983 (as amended in 2002) had no requirement for fairness or justness.

This claim for damages will be supported by a legal framework which includes:

1. Article 1 of the UNITED NATIONS COVENTION AGAINST TORTURE.

2. The Rome Statute which established the International Criminal Court. The statute defines torture as "intentional infliction of severe pain or suffering, whether physical or mental, upon a person under the control of the accused.

Under Article 7 of the statute, torture may be considered a crime against humanity "when committed as part of a widespread or systematic attack directed against any civilian population (UK doctors), with knowledge of the attack".

3. Torture (Damages) Act, 2009: Action for Damages for Torture.

(1) A person who commits torture, wherever committed, shall be liable to an action for damages in civil proceedings.

The following sections will be relied upon too:

Sections 1(3), 1(5)(d), 1(6), 4(1), 4(4) and 4(6).

As torture is a civil wrong for which damages in money are legitimate claims, damages are recoverable for torture.

The proposed damages will include compensatory (pecuniary and non-pecuniary) damages and exemplary damages. It is currently estimated at £6,423,220.

Yours sincerely

JOSEPH ONWUDE MBBS, FRCOG, MSc, DLSH&TM, Cert Computer Science.

19/02/2022

Emailed to

Mr. Jim Percival, Principal Legal Adviser and Deputy Legal Counsel, GMC Legal, The General Medical Council, 3 Hardman Street, Manchester M3 3AW.

Cc

Mr. Charlie Massey, The General Medical Council, 3 Hardman Street, Manchester M3 3AW.

Mr. Niall Dickson, c/o The General Medical Council, 3 Hardman Street, Manchester M3 3AW.

Mr. Anthony Omo, The General Medical Council, 3 Hardman Street, Manchester M3 3AW.