‘Real risk’ prisoner human rights being violated, report warns

The system by which prisoners in Scotland can make complaints about their treatment or conditions does not meet the standards expected under international law, the Scottish Human Rights Commission (SHRC) has found.

An assessment by the independent body found there was a “real risk” that prisoners may be experiencing situations that “amount to a human rights violation”, with no easy way to access justice.

In its latest report on Scotland’s justice system, the SHRC said the prison complaints system was not consistently accessible or transparent.

In particular, it warned prisoners with lower literacy skills, disabilities, or those for whom English is not their first language face barriers to making complaints.

This falls short of the standards set out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the SHRC said.

Commission chair Professor Angela O’Hagan said: “Without an effective complaints process, there is simply no route to justice for many people in prison – and limited ways for the system to learn and improve. That is unacceptable in a country committed to upholding human rights.

“People entering prison should not lose their human rights at the prison gate. Scotland must do better to ensure access to justice in prisons is not just a promise, but a reality – for everyone.

“The Scottish Human Rights Commission is calling on the Scottish Government and the Scottish Prisons Service to urgently reform the prison complaints system, ensuring it is grounded in human rights and shaped by those with lived experience.”

The most common cause of complaint between 2021 and 2024 was about mistreatment and poor conditions, including concerns being raised about healthcare, time out of cell, and discrimination or harassment.

However, it was also that many people in prison fear reprisal or punishment for complaining, with independent support or advocacy hard to access. 

The SHRC recommends that ministers instruct a review of the complaints system with a view to reform; to ensure prisoners have access to guides about their rights; and to improve data on complaints to ensure robust scrutiny is possible.

The Scottish Prison Service (SPS) has welcomed the report and pointed to a new booklet on prisoners' rights – produced by the SHRC and Parkhead Citizens Advice Bureau – which will be distributed to those in custody.

A spokesperson said: “The rights, health, and wellbeing of all those in our care is a key priority... We welcome this new report by the SHRC, and will carefully consider its recommendations as we continually seek to improve how we support people in their personal journeys to better futures.”

A Scottish Government spokesperson said: “Whilst the management of the prison estate is an operational matter for the SPS, every individual deprived of their liberty must be treated with dignity and respect. 

“We will continue to work with SPS to improve the wellbeing of those in prisons, and welcome action being taken to improve the accessibility of their complaints process. In addition we have increased investment in the prison resource budget by 10 per cent to £481.5m in 2025/26.”