Prisoners' human rights being breached every day in Scotland, chief inspector warns

6 August 2024, 06:27 | Updated: 6 August 2024, 06:46

The human rights of prisoners in Scotland are being breached on a daily basis, LBC has been warned by the estate's Chief Inspector.

Wendy Sinclair-Gieben - who’s today published her final annual report ahead of stepping down from her role after six years - claims inmates are being failed due to overcrowding and inadequate resources.

Asked if prisoners' human rights are being breached every day in some form, she said: "Yes. Yes definitely.

"Largely when you're putting somebody in a cell designed for one but having by circumstance having to cope with two and they're in there 22 hours a day, the reality is you cannot work with that number of people to reduce their criminality. You cannot do that with the overcrowding we've got.

"If you put them in a cell that's too small with a total stranger that may not have the same hygiene, then that's not treating someone with respect. Locking them up 22 hours a day is not treating them with respect. The Mandela rules say you should have two hours of meaningful conversation, well the only meaningful conversation you're going to have is with your fellow prisoners.

"So it's not good. But let me be clear. I have seen the Scottish Prison Service do their level best to make sure prisoners are well cared for and have opportunities but they cannot do it with the resources they've got.

"I do think the Parliament has to be commended for the new women's estate, how they coped with Covid, the commitment to rebuilding HMP Glasgow and Inverness and the removal of 'dog boxes' in Barlinnie.

"However I think we are in a worse state than we were when I first came here six years ago. The level of overcrowding is shocking. There were rising deaths in custody which is really worrying. Mental health remains worrying. The demographics have entirely changed and the estate can't cope with that ageing population. The Prison Transport provider has had a very patchy delivery and for me has breached a number of human rights issues.

"And there's the long term use of segregation for particularly challenging prisoners. If you think way back, they used to lock mentally ill people up in a prison, sometimes they branded them beforehand and chained them to the wall. We are locking mentally ill people into a cell and leaving them alone. I just think it's wrong. I think people looking at in (in the future) will think 'oh my goodness, surely we didn't do that'."

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The watchdog's warning comes after a Holyrood Public Audit Committee report raised concerns of human rights issues presenting "a live risk for the Scottish government and the Scottish Prison Service, as well as a future financial risk".

It also stated: "We recommend that the Scottish Government and the Scottish Prison Service urgently conduct a review to ensure human rights are not being breached as a result of the concerns raised in the section 22 report and highlighted to the Committee during oral evidence."

Hundreds of prisoners have been released early in Scotland in the last few months as part of the Scottish Government's emergency measures to tackle overcrowding - after the number of people behind bars hit its highest level since 2012 in May.

Justice Secretary Angela Constance said: “I am are grateful to the HM Chief Inspector of Prisons for her dedication and service, which will leave a lasting impact both on our prisons and communities.

"I agree with the Chief Inspector when she says we should be building our way into safe communities. To help provide a range of opportunities to those in custody in preparation for release, which ultimately helps reduce offending, we have increased the Scottish Prison Service’s resource budget by 10% to £436.5 million in 2024-25.

"We are taking action to deal with the pressures of a high and complex prison population, including the emergency release scheme approved by Parliament and a consultation on release arrangements for long-term prisoners. We are also working with the prison Service, NHS and others to ensure the prison population has the same level of healthcare as is offered in the community."

A Scottish Prison Service spokesperson said: "We welcome the Chief Inspector’s final annual report and are thankful for the constructive challenge she has provided in the interests of those in our care, their families, our staff, and the justice sector as whole over the past six years.

"The rights, health, and wellbeing of all those in our care is a key priority, and we work closely with partners, including NHS, to support people’s journey to better outcomes. The Chief Inspector highlights the growth of Recovery Cafes; the focus on reducing the demand for illicit substances; the many partnerships aimed at building skills and improving employment prospects; and the care and compassion shown every day, often in extremely challenging circumstances.

“In particular, she acknowledges the ‘excellent staff-prisoner relationships’ at HMP Greenock; the ‘strong management and committed staff group’ at HMP Perth; the ‘vision, energy, purpose, and direction’ brought to HMP & YOI Polmont, and HMP Edinburgh's ‘impressive peer mentor system for new admissions.’ We share the Chief Inspector’s ambition to go even further as we support rehabilitation, reduce the risk of reoffending, and help support safer communities.”

A GEOAmey spokesperson said: "The health and wellbeing of those in our care is a key priority for GEOAmey. 

"We faced significant recruitment challenges in the period that followed the covid pandemic and this undoubtedly had an impact on service delivery. 

"However, following on from positive discussions with the Scottish Government last year and a recalibration of the contract, we are reporting strong service delivery and are confident that this positive trend will continue."