Scottish Prison Service admits human rights law breach over death in custody | Scotland
The Scottish prison service admitted that he had violated the Law on Human Rights, causing the death of a man who was restricted by 17 officers and apologizing to his family. Police apologized to the family.
In a series of unprecedented assumptions, the Police Scotland and the Crown Office acknowledged that when they could not conduct sufficient investigation of their detention, Article 2 of the European Convention on Human Rights, they acknowledged that they had violated the right to life.
30 -year -old Marshall from South Lanarkshire made a cardiac stance in 2015 after at least 40 minutes of restriction in HMP Edinburgh. The father of two people who had a underlying heart disease died in a coma four days later. The cause of death was recorded as brain damage due to heart stop during physical restriction.
After fighting for 10 years of accountability, Marshall found that Aunt Sharon Macfaden, Crown Office, campaignists, after defining the prison officials as a “extraordinary” decision to give life immunity without prosecution, found that it was one of the only way to secure the measure of justice.
Speaking after the hearing at the session court in Edinburgh on Friday, Macfaden said, “Allan’s brother Allan has been fighting for justice for Allan since the day he fought for Justice for Justice. These assumptions confirmed that we have always known – that prison officers killed Allan using unnecessary and extreme force.
“This victory is not only for Allan, but for every family who lost one in custody and justice rejected.”
All three public organizations made a series of cases and legal adoptions on Friday. The Scottish prison service admitted by prison officials that Marshall was killed by unnecessary and extreme forced restriction. The crown office and the police admitted that Scotland had failed in their legal duties to ensure that their death properly investigated and to be responsible for those responsible.
These definite assumptions are likely to have wider effects on detention and investigations throughout the UK. Charity Justright Barbara Bolton, the legal director of Scotland, said the decision constitutes an important precedent.
The case comes in the midst of criticism of the investigation system for the lack of delays of Scotland and the execution powers.
Four years after Marshall’s death, a deadly accident investigation (FAI) heard that he was waiting to go to court on charges of violating peace. After showing signs of mental distress, he was not offered any medical assessment, but was transferred to a distinction unit, which was more agitated at this point.
It was then restricted by a group of 17 officers who were raised and used their feet to push the limbs to the ground. Zorlu CCTV images show that Marshall is dragged face to face by civil servants and kneeling while trying to change the position to breathe. The 2019 investigation decided that his death was “completely prevented”.
Bolton said: “The Scottish ministers admitted that Allan Marshall was violated by the institution responsible for the security and prosperity of Allan Marshall for the Scottish prison service.
“His family was even more seriously disappointed by the authorities assigned to investigate the deaths of prison. Police Scotland and Crown could not have sufficiently investigate their death, including giving an amnesty to the prison officers involved in illegal restriction.
Jo Farrell, the chief officer of Scotland, said: “In 2015, the investigation fell below the necessary standard following the death of Allan Marshall, and I’m sorry for that.
“On behalf of the Scotland Police, I apologize to Allan’s family and condolences for their losses.”
A Scottish prison service spokesman said: “We sincerely apologize for the failures of Mr. Marshall and our thoughts and condolences remain with his family. We learned from this and we took the suggestions from FAI and took action, because we tried to improve the way we support the personnel and keep people safe.”
The crown office was approached for a comment.
