Murderers win payouts over solitary confinement

Published on Thursday 1 October 2009 22:18

THE Scottish Government is to pay £2,100 to notorious prisoners who claimed that periods of solitary confinement breached their human rights.

The payments have been agreed in out-of-court settlements in four test cases. Another 16 actions are expected to be settled on similar terms.

Those who have accepted the offer include murderers Andrew Somerville, 44, and Ricardo Blanco, 45, and a prison rioter, Sammy "The Bear" Ralston, 45.

The claims were for segregation as it was applied before changes were introduced by the Scottish Prison Service (SPS) some years ago.

Tony Kelly, the men's solicitor, said the main complaint was that segregation had been "an arbitrary exercise of power by the prison authorities".

Yesterday, Lady Smith was told in the Court of Session in Edinburgh that cases raised by Somerville, Blanco, Ralston and a fourth prisoner, David Henderson, had been settled.

The settlement, under which no admission of liability was made, involved payment of 2,100 in each case.

"When the petitioners commenced these court actions in 2002, the purpose was to improve the way they were treated and improve the situation for all prisoners," said Mr Kelly. "Damages were not the main aim."

Somerville was held for five months in segregation after trouble in Shotts Prison in 2002. He said he spent 23 hours a day in a small cell. Often, he was forced to eat near a slopping-out bucket. He was "disgusted" by the conditions, and became clinically depressed.

Blanco was accused of "subversive behaviour" and segregated for five months. He, too, was disgusted by conditions.

Ralston's behaviour had been deemed confrontational and threatening, and he was isolated for five months. He said he was watched at the toilet, and had to endure an impoverished, monotonous regime which could be psychologically harmful. Also, as a Church of Scotland adherent, he had been deprived of the chance to worship with others.

An SPS spokesman said:

"SPS sought to settle these claims out of court and avoid significant further legal expense. SPS is not accepting that their periods of detention were unlawful. The offer to settle is purely on economic grounds."

WHAT THEY DID

Andrew Somerville Age: 44

Criminal record: Shot and killed Craig Anderson, 24, in West Lothian forest in 1993 after taking him and his girlfriend hostage.

Ricardo Blanco Age: 45

Criminal record: Murdered drugs courier in Ayrshire in 1988, and stole his 30,000 consignment of drugs.

Sammy "The Bear" Ralston Age: 45

Criminal record: Jailed for 12 years in 1997 for an armed raid in Glasgow. He led rooftop prison protests during earlier jail term.