Prisoner wins phone message case
21 Mar 07
Pre-recorded warning that calls originate from a Scottish prison breach human rights, says judge
A Scottish prisoner who claimed the recorded voice message that preceded his phone calls from prison breached his human rights has won his case.
Lord Glennie ruled at the Court of Session yesterday that the message contravened article 8 of the European Convention on Human Rights, which protects the right to respect for someone's private and family life.
Stewart Potter, 43, who is serving sentences imposed for armed robbery and assault at Glenochil Prison in Clackmannanshire, complained that the message "this call originates from a Scottish prison" was embarrassing and inhibited his social rehabilitation.
The Prison Service claims that the message protects those such as victims who do not want to receive calls from prisoners, but Lord Glennie said that the service did not have the authority to attach the message to phone calls. He added that in some societies it might seem obvious that someone be deprived of their civil rights while in prison, but that such a notion had no place in a civilised society.
He also observed that there were already moves in place to make phone calls safe, such as restricting the number of phone numbers a prisoner could use to a list of 20 pre-approved numbers.
Politicians have criticised the decision. Annable Goldie, the Scottish Conservative Leader, said she was fed up of prisoners' rights being promoted over those of the law-abiding majority. Kenny MacAskill, the SNP's justice spokesperson, said he thought the decision "outrageous" and that people who broke the law must pay the price.
The Scottish Prison Service said it was considering the implications of the ruling before deciding whether or not to appeal against it.
In another prisoners' rights case yesterday, a date was set to hear the cases of three inmates who are claiming that the ban on prisoners voting contravenes their human rights.
Derek Traynor, who is currently serving a life sentence at Shotts Prison, wants £2,000 in damages if the 3 May Holyrood elections go ahead. Another prisoner, James Fisher, is also making a similar claim. In addition, Donald Birrell who was recalled to custody after being released on licence, wants a judge to order his release so that he can register to vote.
The two-day hearing will begin on 24 April.