SHRC "deeply concerned" over prisoners' rights breaches
Conditions in Scotland's prisons during the coronavirus pandemic have prompted the Scottish Human Rights Commission to express its "deep concern" in a letter to Justice Secretary Humza Yousaf.
The Commission has expressed concern that the current conditions being experienced by some prisoners could amount to inhuman and degrading treatment, in breach of article 3 of the European Convention on Human Rights.
It cites cases of people being confined to their cell for 24 hours a day, for extended periods of time, with no access to shower facilities or time out of cell including access to outdoor exercise; prisoners who are confined in their cells for COVID-19 related reasons being given only limited telephone contact with their lawyer; and some prisoners being unable to maintain any form of telephone contact with their families.
It states that while it may be legitimate and reasonable to suspend non-essential prison activities in the current public health emergency, any restrictions must be minimised, proportionate to the nature of the health emergency, and made in accordance with law.
Measures amounting to solitary confinement for healthcare reasons should only be adopted on the basis of a comprehensive medical assessment. Solitary confinement, which carries significant mental and physical health impacts, should only ever be adopted where it is proportionate, limited in time and subject to procedural safeguards.
>The Commission is also concerned about the lack of transparent and accessible data currently available to enable adequate monitoring of prison conditions and their impacts.
It is calling on the Scottish Government to take action to ensure that the conditions in which all prisoners are being held are fully in accordance with their human rights obligations.
Commission chair Judith Robertson commented: “The Commission is deeply concerned about the current conditions being experienced by some people within Scotland’s prisons. People in prison are likely to be more vulnerable to the risks and impacts of COVID-19.
“Measures taken to protect health cannot override people’s fundamental rights. It is not acceptable to confine anyone to their cell for 24 hours a day, with no access to shower facilities or outdoor exercise, and with limited contact with the outside world.
“Given the serious nature of our concerns, we have urged the Scottish Government to take action to ensure that all prisoners are being held in conditions which are fully in accordance with the state’s human rights obligations. To date, we have not received the assurances we would wish to see in this regard.”