Landmark human rights ruling backs inmates over slopping out

Paul O'Hare

PRISONERS are in line for almost £5million more in compensation for slopping out after a historic ruling.

Judges have found in favour of three ex-cons whose claims date back as far as 1999.

They were originally thrown out because the men took more than five years to sue.

The decision could open a flood of as many as 1500 new claims worth an average of £3000 each - adding up to £4.5million.

Court of Session judges found in favour of Stuart Docherty, James Philbin and Paul Logan, who had to slop out at Barlinnie in Glasgow.

The Scottish Prison Service conceded in 2006 that slopping out - having to use a chamber pot in a shared cell - breached inmates' human rights under European law.

Prisoners have already been awarded £11million.

Last night, Scottish Tory justice spokesman John Lamont blamed Labour, the SNP and Lib Dems for incorporating the European Convention of Human Rights into Scots law, and Labour for failing to end slopping out in 1997.

He said: "The public is fed up with their money lining the pockets of some of society's worst offenders."

Yesterday's decision by Lord Hamilton, Lord Wheatley and Lady Smith is a blow to the Scottish government, who had argued the claims were time barred.

The claims are to be referred back to Glasgow Sheriff Court.

Solicitor Tony Kelly yesterday said "many hundreds" of other cases had been on hold, awaiting the decision.

He added: "The government have breached a fundamental article of the Convention - not to treat their citizens in an inhuman or degrading fashion."

Kelly, 44, has raked in more than £2million in legal aid fighting human rights claims for cons.

The Scottish Prison Service said: "We have made provisions to meet any liabilities which may occur."


(2011-9-3/dailyrecord.co.uk)