Joint Committee On Human Rights First Report


Report



The Inquiry

1. We announced our inquiry into human rights and deaths in custody in July 2003. The inquiry considers deaths in prisons, police detention, immigration detention and detention under the Mental Health Act, as well as other deaths in the custody of the State. The inquiry sets out to consider the problem of deaths in custody from a human rights perspective, in particular in terms of the obligation to protect the right to life under Article 2 of the European Convention on Human Rights, incorporated into UK law by the Human Rights Act 1998.

Background

2. We issued a call for evidence in July 2003. In it we noted that Government figures indicate that the numbers of deaths in custody are high and are increasing. Our inquiry responds to this, and has two aspects.

3. First, we wish to assess how a human rights approach to the management of prisons and other places of detention can assist in preventing deaths in custody. Under the European Convention on Human Rights there is a positive obligation on the UK, and on the responsible public authorities, to take steps to protect the right to life,[1] the right to freedom from inhuman and degrading treatment[2] and the right to physical integrity[3] of those in the custody of the State who are known to be at risk of harm. The inquiry is concerned with how these obligations are complied with through ensuring adequate and appropriate conditions of detention; by appropriate healthcare provision; in the management of places of detention; and by the monitoring of prisoners at risk.

4. Secondly, the inquiry examines how deaths in custody are investigated, in light of the requirement of Article 2 of the ECHR that there should be an effective, independent official investigation following a death in custody. The European Court of Human Rights has set out the requirements of such an investigation.[4] It specified that an investigation should be: on the initiative of the State; independent, both institutionally and in practice; capable of leading to a determination of responsibility and the punishment of those responsible; prompt; allowing for sufficient public scrutiny to ensure accountability; and allowing the next of kin sufficient opportunity to participate. This inquiry is being conducted at a time when a number of measures are being taken or considered to provide more effective and independent mechanisms of investigation into deaths in custody. These include: proposed changes to the inquest system, following the Fundamental Review,[5] the imminent establishment of the new Independent Police Complaints Commission (IPCC); and proposals for a more independent system of investigations of deaths in prisons.

Call for Evidence

5. In our call for evidence we invited respondents to address the following specific points—

—  What are the main causes of deaths in custody? Are there any common factors? Are there particular aspects of conditions of detention, or the treatment of detainees, or the cultural background of prisoners or prison officers, that contribute to:

—  What practical steps have already been taken, and what further steps need to be taken to prevent:

  • suicide and self-harm in custody?
  • other deaths or injuries in custody?

—  What can a human rights approach to conditions of detention and management of detention facilities contribute to the prevention of deaths in custody?

—  What can be done to foster a greater "human rights culture" in prisons and other detention facilities?

—  Are the Article 2 ECHR requirements of an effective, prompt and independent investigation of deaths in custody, with effective participation by the next-of-kin, met by:

  • the coroner's jurisdiction, including the inquest;
  • investigations by the Prison Service;
  • investigations by the new IPCC;
  • criminal prosecutions;
  • civil proceedings; or
  • any other avenues of investigation?

—  If not, what should be done to satisfy the Article 2 ECHR requirement of an independent, transparent and effective investigation?

Responses

6. We received responses from a wide range of organisations and individuals, including evidence from the Home Office and the Department of Health, from the relevant investigatory authorities and inspectorates, and from NGOs, academics, lawyers, and relatives of those who have died in custody. These submissions are printed as appendices to this report. While the Committee's inquiry into the complex issues raised by deaths in custody is still continuing, this report is designed to make available the written evidence we have so far received in connection with this inquiry.

Progress of the Inquiry

7. We will shortly begin to hear oral evidence in relation to this inquiry. We would welcome further written evidence until 30 March 2004. We hope to publish our final report and conclusions on this inquiry in the later part of 2004.


1   Article 2 Back

2   Article 3 Back

3   Article 8 Back

4   In Jordan v UK Back

5   Death Certification and Investigation in England, Wales and Northern Ireland, the Report of a Fundamental Review, 2003 Back


 
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Prepared 26 January 2004