Human rights concerns in places of detention

The Scottish Human Rights Commission and UK National Preventive Mechanism jointly report on prisons and forensic mental health settings in Scotland, identifying 10 areas of concern including mental health, segregation and deaths in custody.

The comprehensive new report assessing human rights in places of detention is published by the Commission, in partnership with the National Preventive Mechanism (NPM) in Scotland, and concludes that little progress has been made against 29 international human rights recommendations.

Little progress

The findings demonstrate that 83 per cent of recommendations by human rights bodies have yet to be implemented in Scotland, with little or no meaningful progress over the last decade. 24 human rights recommendations show little or no progress, with only five recommendations showing progress, and not one recommendation is marked as complete.

The research highlights gaps in human rights protections:

  • Widespread use of segregation or solitary confinement and a failure to meet the minimum requirement of two hours of human contact per day.
  • Inadequate provision of mental healthcare for people in prisons.
  • No specialised high secure psychiatric unit for women prisoners in Scotland resulting in women not getting access to mental healthcare or being transferred 300 miles to a facility in England.
  • Gaps in the system for investigations of deaths in prisons.
  • No independent system for investigating deaths of people detained in mental health settings in Scotland.

Absolute rights

The Commission works together with the NPM which is made up of 21 bodies that monitor and inspect places of detention in the UK and Scotland, to prevent torture and ill-treatment for people in prisons.

Under human rights laws, absolute rights like the right to life and protection from inhumane and degrading treatment must never be breached.

Shelley Gray is a Member of the Scottish Human Rights Commission. She says:

“The Commission is concerned about the wide range of human rights issues that continue to exist for people in Scotland’s detention system. This is despite human rights recommendations being made repeatedly over a long period of time.

“Our research exposes inadequate provision of mental healthcare for people in prisons and an overuse of segregation for prisoners and gaps in the system for investigation of deaths in detention.

“As Scotland moves to bring into law additional human rights in a Human Rights Bill, it is important to consider the state of progress on rights long protected in law.

“Absolute rights are the most fundamental of human rights and there is no excuse for allowing these breaches or failing to act when these rights are at risk.

“The level of inaction and delay is no longer acceptable, and we want to see these important human rights concerns addressed by the Scottish Government with the urgency they deserve.”

Sam Gluckstein is Head of the UK National Preventive Mechanism. He says:

“The evidence in this report is clear: not enough is being done to protect the fundamental, absolute human rights of people deprived of their liberty.

“Recommendations from international human rights organisations provide valuable information on where systems are failing, and where they need to improve. Our report does not seek to oversimplify what we know are complicated and entrenched issues which can take time to resolve.

“However, the sheer volume of inaction and delay is no longer acceptable. We urge government to act immediately on the many long-outstanding recommendations outlined in this report.”

Read the full report and Executive Summary.

Ends

For media enquiries please contact Judy Fladmark on Judy.Fladmark@scottishhumanrights.com or mobile 07880 398530 or media@scottishhumanrights.com.

Notes to editors:

  1. The Scottish Human Rights Commission is Scotland’s human rights watchdog. It is an independent public body, created by the Scottish Commission for Human Rights Act 2006, to protect and promote the human rights of all people in Scotland. The Commission is also part of the international human rights system. As Scotland’s National Human Rights Institution (NHRI), it is accredited by the United Nations as a trusted organisation to provide impartial evidence on human rights in Scotland. Find out more at www.scottishhumanrights.com
  2. The UK National Preventive Mechanism (NPM) is made up of 21 statutory bodies that independently monitor places of detention in the United Kingdom to strengthen the protection of people who are in detention. Find out more at www.nationalpreventivemechanism.org.uk
  3. NPM members work collectively to fulfil the NPM’s mandate under the United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
  4. The NPM Scottish Subgroup exists to improve collaboration and pursue joint work as a cohesive body to meet the UK’s obligations under OPCAT in Scotland. Members identify areas of shared concern and take joint action on Scotland-specific issues. The Commission is a member of the NPM and we work together on issues of concern in places of detention in Scotland.