This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/law/2015/oct/14/murderer-imran-shahid-glasgow-teenager-human-rights-breached-judges-rule
The article has changed 3 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Murderer of Glasgow teenager had human rights breached, judges rule | Murderer of Glasgow teenager had human rights breached, judges rule |
| (about 1 hour later) | |
| A convicted murderer held in solitary confinement for almost five years in a Scottish prison had his human rights breached, the supreme court has ruled. | |
| Imran Shahid, who is serving a minimum sentence of 25 years for a racially motivated abduction and killing, challenged the lawfulness of his segregation. | |
| Judges ruled that he was unlawfully kept in solitary confinement on three separate occasions over a period of 56 months. The time when he was illegally segregated amounted to 14 months and was due to permission being granted too late. That failure to adhere to the regulations constituted a violation of the European convention on human rights. | |
| The supreme court, however, ruled that the conditions of his segregation were not in themselves in breach of his rights. The court added: “The appellant was placed in segregation in the interests of his own safety, and there was a genuine and reasonable concern that he was at risk of serious injury or worse. The appellant did not suffer any severe or permanent injury to his health.” | |
| Related: Three jailed for life for race murder of schoolboy | Related: Three jailed for life for race murder of schoolboy |
| Shahid murdered Kriss Donald, 15, who was stabbed 13 times and set on fire in the east end of Glasgow on 15 March 2004. Shahid, his brother Zeeshan Shahid and Mohammed Faisal Mushtaq were found guilty of the racially aggravated abduction and murder at the high court in Edinburgh in 2006. | |
| Shahid’s previous attempt to win damages for being held in solitary confinement was rejected by the court of session in Edinburgh. Segregation of prisoners should not continue beyond 72 hours unless Scottish ministers’ authority has been granted before that period expires. | |
| In a written ruling, the supreme court judges said three orders made on behalf of the ministers authorising Shahid’s continued segregation had been granted after the 72 hours had expired. | In a written ruling, the supreme court judges said three orders made on behalf of the ministers authorising Shahid’s continued segregation had been granted after the 72 hours had expired. |
| They said: “On the three occasions when authority for the appellant’s segregation was granted late, that authority was invalid, and incapable of renewal. Consequently, the appellant’s segregation for periods totalling about 14 months lacked authorisation under the prison rules. It is however accepted that the appellant was not prejudiced as a result.” | They said: “On the three occasions when authority for the appellant’s segregation was granted late, that authority was invalid, and incapable of renewal. Consequently, the appellant’s segregation for periods totalling about 14 months lacked authorisation under the prison rules. It is however accepted that the appellant was not prejudiced as a result.” |