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Scottish prison complaints system 'unacceptable'

PRISONERS across Scotland are being put at risk by a complaints system that is “unacceptable in a country committed to upholding human rights,” according to damning new report published today.

A Scottish Human Rights Commission (SHRC) investigation has found that current procedures are so poor that they leave inmates in Scotland’s prisons feeling unable to challenge mistreatment, poor conditions or human rights violations.

The paper-based system is too complex and is inaccessible to disabled people, those with lower levels of literacy and anyone whose first language is not English, while independent support or legal advice to help navigate it is hard to access, the researchers found.

The commission concludes that, even if those barriers could be overcome, prisoners woud still fear that reporting any mistreatment would make their situation worse by making them a target.

It warns: “The SHRC is concerned that there is a real risk that a prisoner in Scotland will experience a situation that may amount to a human rights violation and it is highly unlikely that a prisoner would be able to easily pursue justice.”

The commission also found data on the system’s operation to be incomplete, inaccessible and not disaggregated, making accountability “near-impossible.”

Concluding that the complaints procedures “cannot and should not continue unchanged,” the report not only calls on the Scottish Prison Service (SPS) and the Scottish government to ensure that the guide to the rules is made available to prisoners and their families, across a range of languages and accessible formats, but also seeks an “urgent” overhaul of the system.

SHRC chairwoman Professor Angela O’Hagan said: “Our report brings to public attention the hidden corners of Scotland’s justice system.

“Without an effective complaints process, there is simply no route to justice for many people in prison — and limited ways for the system to learn and improve. 

“That is unacceptable in a country committed to upholding human rights.

“People entering prison should not lose their human rights at the prison gate. Scotland must do better to ensure access to justice in prisons is not just a promise, but a reality — for everyone.

“The Scottish Human Rights Commission is calling on the Scottish government and the SPS to urgently reform the prison complaints system, ensuring it is grounded in human rights and shaped by those with lived experience.”

The SPS and the Scottish government were approached for comment.

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