Prisoners take legal action over segregation

• Prisoners convicted of serious crimes sue Executive for human rights' breach

• Lawyers claim 'psychological damage' of solitary confinement well known

• Second case prison against Executive after inmates sued over 'slopping out'

Key quote

"Some of these inmates have been convicted of appalling crimes. But as the law stands they can claim that their human rights have been breached" - Case insider

Story in full THE Scottish Executive is facing a multi-million pound lawsuit from convicted murderers who claim that being placed in segregation units breaches their human rights.

The action heaps further embarrassment on ministers following a similar move involving prisoners who sued because they were denied access to proper sanitation and forced to "slop out". Lawyers for inmates claiming compensation said the Executive was fully aware of potential problems with segregation units but failed to act.

"This is going to be another slopping out, costing an absolute fortune," said an insider. "It will see the Executive dragged through the courts again.

"Some of these inmates have been convicted of appalling crimes. But as the law stands they can claim that their human rights have been breached."

The first cases, due to reach the Court of Session this month, will see key figures in the criminal justice system called to give evidence against the Executive. Clive Fairweather, former chief inspector of prisons, is among the witnesses.

Lawyers representing the five prisoners are trawling prison inspection reports to gather information about conditions in segregation units. Three notorious inmates claim they were "disgusted" by conditions they endured during months in solitary confinement. They are suing for a total of 21,000 although experts believe the legal costs of contesting the case will be massive.

Prison sources suggest the overall cost to the taxpayer of the slopping-out action could reach 20 million.

"The Executive is in for a major public challenge and are on a hiding to nothing," added the prison source. "Yet again, just like slopping out, they are going to get hammered."

Among the inmates taking legal action over segregation are Andrew Somerville and Ricardo Blanco, both serving life sentences for murder, and Sammy Ralston, an armed robber. They claim locking them in solitary confinement infringed their human rights, and if they are successful, the floodgates will open for similar actions.

Ralston, 40, from Cranhill, Glasgow, was jailed for 12 years in 1997 for an armed raid on a shop. In the late 1980s, while serving six years for assault and attempted robbery, he led rooftop protests at Barlinnie and Peterhead jails, and was sentenced to seven years for assaulting a prison officer. During his latest sentence, he was segregated for more than five months after his behaviour was deemed confrontational and threatening to staff.

The Scottish Prison Service insists that conditions have improved enormously in recent years and inmates in segregation units have regular family visits and are seen by medical officers at least once a week.

But Tony Kelly, the lawyer representing the prisoners, claimed the psychological impact of being locked up for 23 hours a day over many months was horrendous. He said: "I have come across people locked up for 14 months, and someone is in solitary now after 18 months.

"Historically, there have been prisoners in segregation for three years with no stimulus at all. They can't speak to or see anyone. The psychological damage is well-known. The Scottish Prison Service knew what this was doing to prisoners."

Mr Kelly, who is acting on behalf of five prisoners with 50 more cases in the pipeline, said the Executive knew about the risk of legal action but failed to improve facilities.

"They were warned about this; every public authority was to carry out a human rights audit. They knew they were vulnerable to challenge and did nothing. You can see parallels with slopping out. If the Executive had done its homework this wouldn’t have got off the ground."

Earlier this year a landmark legal judgment ruled "slopping-out" breaches a prisoner's human rights, paving the way for a potential damages bill running into millions. Robert Napier, a prison inmate, won 2,450 in damages after taking the Executive to court.

Despite repeated ministerial pledges to end the practice, there are more than 1,000 prisoners in Scotland who have no access to sanitation in their cells and have to "slop out" waste in communal toilet blocks.

The Executive is appealing the slopping-out decision, but will now have to defend the five segregation cases. A spokesman for the Executive said the cost of the Napier case alone was running at 500,000, and rising.

The SPS said there are 63 inmates in segregation units across Scotland, and they will defend the legal challenge in court. "We have invested massively in the prison estate," a spokesman said. "It is a basic, safe regime which is humane, and provides everything the prisoners need."