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The Celtic League has asked the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to investigate the case of a pregnant prisoner held in the Scottish Prison system who was shackled during hospital visits.
The League have also asked the CPT to investigate statements by the Scottish Prison Service that the handcuffing of pregnant prisoners outlawed under European Prison standards will 'in some circumstances' continue. (See below).
"For the Attention: Secretariat of the CPT Council of Europe F-67075 Strasbourg Cedex France
02/05/08
I write to express our concern at reports that a PREGNANT prisoner admitted to hospital in Scotland with serious complications was kept handcuffed to guards on a metre-long chain, for several days.
According to news reports, which have not been denied by the Scottish Prison Service (SPS), the prisoner, Ms Donna McLeish, spent three days chained to a security officer employed by a private security firm contracted to the SPS while she slept, showered and used the toilet.
During a further hospital visit, the 21-year-old prisoner held at Cornton Vale Prison was kept under 24-hour supervision by guards to stop her escaping, even though she was only able to walk with the aid of crutches.
The Celtic League are mindful of the European Prison Standards set by the CPT and in particular para 27 which says:
"It is axiomatic that babies should not be born in prison, and the usual practice in Council of Europe member States seems to be, at an appropriate moment, to transfer pregnant women prisoners to outside hospitals.
Nevertheless, from time to time, the CPT encounters examples of pregnant women being shackled or otherwise restrained to beds or other items of furniture during gynaecological examinations and/or delivery. Such an approach is completely unacceptable, and could certainly be qualified as inhuman and degrading treatment. Other means of meeting security needs can and should be found."
I am sure the CPT will share our concerns after the head of the SPS, speaking on BBC Newsnight Scotland, confirmed that in some circumstances the Service will continue to use handcuffs on pregnant prisoners.
We urge you to enquire into this specific case and also to remind both the British and Scottish governments of the standards for the treatment of pregnant prisoners laid down by the CPT on behalf of the Council of Europe.
Yours sincerely,
Bernard Moffatt"
A copy of the 'CPT STANDARDS' can be accessed in Word or PDF at:
J B Moffatt Director of Information Celtic League
02/05/08
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