Police practices among concerns raised in new human rights report
Police practices, prison conditions and problems over access to justice are among concerns raised by the Scottish Human Rights Commission in its latest report to the United Nations on the implementation of the International Covenant on Civil and Political Rights (ICCPR) in Scotland.
The report maintains that there are insufficient legal frameworks and oversight for Police Scotland’s use of new biometric technologies such as facial recognition, and of "cyber kiosks", which enable police to search people's digital devices. SHRC describes the law in the latter area as lacking sufficient quality to be accessible and foreseeable, with no adequate safeguards in place as the applicable legislation did not consider situations of seizure and search in this context.
It further believes there is disproportionate police use of strip searches on women and children, and a need to strengthen police complaints procedures following the Angiolini review.
Regarding conditions for people in prisons and places of detention, the report acknowledges an improvement since the previous report in 2015 but highlights overcrowding and its impact on prison conditions; the use of 1m2 holding cubicles ("dog boxes") in Barlinnie Prison's waiting area; the overuse of segregation; suicide and self-harm rates among female prisoners and children in secure care; and the lack of high secure mental health provision for women and young people. SHRC has also found a lack of confidence among prisoners in the prison complaints process.
Access to justice concerns include the disproportionate impact of reduced legal aid on women, disabled people and other specific groups; the effect of the not proven verdict in cases of rape and sexual assault; and the lack of access to independent advocacy, particularly for people with mental health concerns, children and young people.
The Commission also raises concerns with the UN about the broader legal framework and culture of respect for the protection of people’s rights in Scotland, particularly following Brexit and in light of continued proposals by the UK Government to amend the Human Rights Act.
Judith Robertson, chair of the Commission, commented: "Civil and political rights include rights like privacy, freedom from inhumane treatment by the state and access to justice. Everyone has these rights, as set out in international human rights treaties. In reality, as our latest comprehensive assessment shows, there are some serious gaps in how some of these rights are currently upheld in Scotland.
"We remain concerned that police use of new technologies such as ‘cyber kiosks’ and facial recognition is outstripping the adequate protection for people’s rights required from our legal frameworks and oversight mechanisms.
"People in prisons and other places of detention are experiencing conditions that are unacceptable, and fall far short of the standards needed to protect some of their rights.
"People’s access to justice more broadly continues to be undermined by the impact of reduced legal aid and a lack of access to independent advocacy. There are also particular challenges around how the justice system deals with rape and sexual assault, and the continued need to raise the minimum age of criminal responsibility in line with international recommendations."
She added: "We have seen some progress in some areas since our last report to the United Nations on civil and political rights in 2015. That is welcome. We would now like to see the Scottish Government address the concerns raised in this latest report with a detailed set of commitments. This would help ensure that Scotland becomes a place where everyone’s rights are realised in full."
The United Nations Human Rights Committee is expected to consider the Commission’s report in March, as part of its preparation to undertake its next full review of the UK’s implementation of the ICCPR.