Prisons

COVID-19 in Scottish Prisons: Update #1

We were supportive of the announcement that, following the lead of other countries such as Ireland, Iran, Argentina and Italy, the Scottish Government was actively exploring measures for the executive release of some prisoners and the expansion of Home Detention Curfew (HDC). We were also pleased to hear that solutions to maintaining family contact, such as restricted dial mobile phones and video-conferencing facilities would be put in place in the coming days.

If self-isolation is difficult within a prison, social-distancing is almost impossible. Widespread doubling-up, and sometimes, tripling-up of cells means that those with COVID-19 are already likely to have passed it on to their cellmates. With reports of inevitably rising tensions across the prison estate, there are extreme risks to the health and safety of prisoners and staff within every establishment.

The right to healthcare is a human right which remains in the face of a pandemic. If we do not decrease the prison population now, we are also putting the health of the general public at risk: prisoners may take up a disproportionately high number of Intensive Care Unit (ICU) beds, which would otherwise be available to the general public. Prison health is public health, and the best way to keep everyone safe is to carefully, but quickly, release some prisoners who are low risk and have somewhere to live.

This is not an easy process to implement, but the decision to do so, needs to be taken now.

COVID-19 in Scottish Prisons

In response to the severe threat to prisoners and prison staff posed by COVID-19, we wrote to the Cabinet Secretary, Humza Yousaf MSP, on 19 March 2020. Our letter was as follows:

Dear Cabinet Secretary,

Scottish Prisons: Covid-19

On Tuesday 16 March 2020, we learnt from media reports that two people in prison at HMP Kilmarnock were in self-isolation in response to the first suspected cases of Covid-19 in Scottish prisons.

A brief statement released from SPS on Wednesday 17 March 2020 advised that 12 individuals were self-isolating and that “robust pandemic plans [were] in place”. This has been superseded by another brief statement today advising that two people have tested positive for Covid-19 in HMP Kilmarnock and that SPS is following advice from Health Protection Scotland. It also advises there are “no restrictions on movement in place therefore establishments are continuing to operate visits as normal”.

The latest information posted on the SPS website is dated 11 March 2020 and advises against visiting a prison establishment if you have been to a place affected by Coronavirus in the last 14 days; if you are displaying symptoms of the Coronavirus; or if you have come in contact with someone who is known to have the Coronavirus.

Thus, 18 days since the first reported case of Covid-19 in Scotland, and one day after it was confirmed that the first prisoner in the UK has died of Covid-19, this is the only prison-specific information which has been made publicly available.

As we know, the current prison population of 8,094 (as at 13 March 2020), includes areas of significant overcrowding, where many single cells are doubled up, and in some instances where double cells have been found to be accommodating three people: creating conditions in which the virus could spread rapidly amongst a population known to be in physically poorer health than the general population. The pressures of space would suggest that self-isolation will also pose particular logistical problems.

We are therefore calling on the Scottish Government to provide a clear Covid-19 specific plan of action to protect the physical and mental health of those working and living in our prisons, including a detailed explanation of how the Chief Medical Officer’s ongoing advice will be applied – particularly around ‘social distancing’ – with regular updates being made available without request.

We would expect that some of the wider measures being considered include an immediate expansion of Home Detention Curfew (HDC) and restrictions on the use of remand, and thus look forward to hearing which proposals will be implemented as a matter of extreme urgency.

Yours sincerely

Howard League Scotland Committee

 

 

Independent Review of the Handling of Deaths in Custody

On 7 November the Cabinet Secretary announced the formation of an independent expert review of the handling of deaths in custody. It will be led by Wendy Sinclair-Gieben (HMIPS) and include Professor Nancy Loucks (Families Outside). The review is designed “to improve arrangements and communication with families of prisoners after their death, as well as looking at preventing suicides. It will also examine the operational policies, practice and training in place within SPS and NHS. Findings are due to be published in Summer 2020.

HMP Glenochil Full Inspection

On 11 October a full inspection of HMP Glenochil was published. Many of its findings were related to issues of overcrowding and therefore mirrored inspections of other prisons within the estate. Specific issues included low levels of confidence in complaints mechanisms; automatic increases in cell populations; breaches of Mandela Rule 23 (1hr outdoor exercise per day); excessive time spent in cells; and a lack of purposeful activity for all prisoners.

HMP Glenochil Full Inspection Report

Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

On 11 October the Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment published a report on its visit to Scotland from 17 - 25 October 2018. Our Honorary President, Professor Andrew Coyle and Convenor, Professor Richard Sparks, were involved in consultations on HLS's behalf. 

The purpose of the visit was to examine the situation in police and prison establishments in Scotland and to assess the progress made since the CPT’s previous visit in 2012. Specific attention was paid to those held in segregation; in remand; women prisoners generally; and to overall healthcare issues. In addition, the delegation examined the treatment of people in police custody and carried out visits to several police custody facilities across Scotland. 

The Committee’s report made a number of criticisms of the treatment of people held in police custody, including instances of excessive use of force upon apprehension by police officers and an opaque police complaints’ system.

Its critique of prison establishments acknowledged that the Scottish Government had embarked upon an agenda of reform, but that reforms were still at a nascent phase. It noted a rise in inter-prisoner and prisoner-on-staff violence; the prevalence of NPS (new psychoactive substances); unacceptably restricted regimes; and inappropriate use of Separation and Reintegration Units (SRU).

Specific examples of a lack of progress since previous visits by the Committee included the use of “dog boxes” in the reception area of HMP Barlinnie – an issue which was first raised in 1994 – and which had not been resolved; and the negative impacts of severe overcrowding, where some prisoners were being held in cells with less than 3m2 each of living space.

Particularly serious concerns were raised about the treatment of women held in segregation at HMP YOI Cornton Vale, despite seven years having passed since the publication of the Commission on Women Offenders Report, led by Dame Elish Angiolini.

Three immediate observations were made under Article 8, paragraph 5 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

The contrast between the findings of the CPT and that of Her Majesty’s Inspectorate of Prisons for Scotland’s (HMIPS) programme of inspection and monitoring were also highlighted, despite the latter’s inspections adopting a human rights based approach underpinned by the PANEL principles of Participation, Accountability, Non-Discrimination and Equality, Empowerment and Legality.

The Response of the Government of the United Kingdom to the Report was a defensive one, unlikely to encourage long-term sustainable change. We will continue to push for action on the important issues raised in the Report.

Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Report

Response to Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Report

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