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Murderer in Dumfries prison makes court bid to vote

31 March 2011 Last updated at 12:49

A convicted murderer has gone to court in a bid to win his right to vote in the Holyrood election on 5 May.

George McGeoch wants a review of the UK government's opposition to votes for convicts

George McGeoch, 39, wants a review of the UK government's opposition to votes for convicts and is challenging the policy as incompatible with EU law.

The European Court, based in Strasbourg, has consistently ruled in favour of prisoners.

McGeoch is serving a life sentence in Dumfries prison for the murder of Eric Innes in Inverness in 1998.

He killed Mr Innes in his own home by slashing his throat.

He received a minimum term of 13 years but due to subsequent convictions will not be considered for parole until 2015.

In February 2008 McGeoch, who is from Glasgow, left two Reliance staff locked in their own vehicle after staging a break-out during a hospital visit in Perth.

He was jailed in 2009 for an extra seven-and-a-half years for the violent attack during which he used a makeshift knife.

McGeoch was also handed an eight-year prison term in 2002 for holding two nurses hostage in his prison cell.

Took hostages

He claims that not being allowed to vote is inconsistent with EU law.

Represented by Aidan O'Neill QC, McGeoch is challenging the electoral registration officer for Dumfries and Galloway's decision not to include him on the electoral roll.

If the election goes ahead and he is not able to take part, but it is later found that he should have, he is seeking £2,500 in damages.

Judge Lord Tyre is expected to adjourn the hearing at the Court of Session until 7 April to allow the UK government time to prepare its case.

Westminster remains in a dispute with the European Court of Human Rights over the issue of prisoner suffrage.

Lord Tyre is expected to make a decision on the 8 April.

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Prisoners should have the right to vote



March 31, 2011 -

Commissioner for Human Rights Hammarberg: Prisoners should have the right to vote

“Human rights should remain for those deprived of their liberty,” declares the Commissioner for Human Rights, Thomas Hammarberg, today.

He adds: “Prisoners have human rights. Measures should be taken to ensure that imprisonment does not undermine rights which are unconnected to the intention of the punishment. Indeed, authorities should ensure, for instance, that a prisoner can receive health care and have contact with his or her family. The right to study, to be informed and to vote belongs to this same category of rights which should be protected.”

Posted on 2011-03-31 09:15

The European Court of Human Rights has confirmed its position that there should be no blanket ban against prisoners voting in general elections. This judgment was not particularly popular in the United Kingdom, the country from where another complaint had been filed with the Court. Even leading politicians stated that they were appalled by the idea that persons sentenced to imprisonment would have the right to vote.

This problem should indeed be discussed, and not only in the UK. A thorough debate would raise a number of issues of crucial importance such as: the very purpose of penal sentences; which human rights should remain for those deprived of their liberty; what approach is likely to promote reintegration of convicts; and what treatment may minimise recidivism and thereby reduce crime.

The prestigious Constitutional Court in South Africa ruled in 1999 that all prisoners should have the right to vote, stating that “the vote of each and every citizen is a badge of dignity and personhood. Quite literally it says that everybody counts”. The Canadian Supreme Court took a similar stance in a famous ruling in 2002, declaring that this position is necessary as a message that “everyone is equally worthy and entitled to respect under the law”.

Universal suffrage – democratic cornerstone

It may be sobering to remind ourselves that democracy was once established through the idea of universal suffrage. Our forefathers accepted the principle that not only male persons, nobles, and those who owned property or paid taxes should have the right to vote, but everyone – irrespective of their status in society. We may now feel that some of these right-holders do not deserve this possibility, but to exclude them is to undermine a crucial dimension of the very concept of democracy – and thereby human rights.

Indeed, international human rights law has established that the right to vote in elections should be granted to all citizens above a certain age. The 1948 Universal Declaration of Human Rights stated that everyone has the right to take part in the government of his or her country, directly or through freely chosen representatives. It further stipulated that the will of the people shall be expressed in elections which shall be by universal and equal suffrage.

Prisoners, though deprived of physical liberty, have human rights. Measures should be taken to ensure that imprisonment does not undermine rights which are unconnected to the intention of the punishment. Indeed, authorities should ensure, for instance, that a prisoner can receive health care and have contact with his or her family. The right to study, to be informed and to vote belongs to this same category of rights which should be protected.

Sense of belonging

The South African Constitutional Court made an important point – the right to vote is special in the sense that it symbolises belonging. To be deprived of this right is to be declared an outcast, a non-person. That approach does not correspond to the European values of our times.

Obviously, such stigmatisation does not promote the rehabilitation and reintegration of convicts into society. It does not help to address the enormous problem of recidivism.

Europe is divided on this issue. There are however more states which have decided to grant prisoners the right to vote than those retaining a ban. The former countries – for instance, Denmark, Netherlands and Switzerland – have had no problem with this approach. It is seen as natural that prisoners have a possibility to cast their votes.

Thomas Hammarberg

Challenge to Cameron over torture claims

Alleged terrorist says he was taken to Uganda and interrogated by MI5

Alleged terrorist Omar Awadh Omar claims he was interrogated by British intelligence.

An alleged terrorist says he has been interrogated by British intelligence officers after being severely mistreated at a notorious prison in Uganda, in what appears to be the first major challenge to the coalition government's renunciation of the use of torture.

Omar Awadh Omar, a Kenyan businessman, has been charged with involvement in the planning of suicide bomb attacks in Kampala last July in which 76 people died and more than 70 were injured.

Awadh was abducted in Nairobi two months after the attacks and illegally rendered to Uganda to be interrogated and charged. Since then, according to his lawyers and relatives, he has been repeatedly beaten, threatened with a firearm and with further rendition to Guantánamo by Ugandan officials, before being questioned by American officials. They say that on at least one occasion he was also questioned by men who identified themselves as MI5 officers.

Awadh's case has been taken up by the Open Society Justice Initiative (OSJI), a human rights body founded by the philanthropist George Soros, which says his mistreatment not only calls into question the UK government's commitment to avoid involvement in torture, but points to a loophole in interrogation guidance for British intelligence officers, which was rewritten after the coalition was formed.

Clara Gutteridge, national security fellow at the OSJI, said: "The facts of this case suggest a worrying new trend in US-UK overseas detention policy, and raise urgent questions as to the legality of the new consolidated guidance for UK security and intelligence personnel operating overseas. UK government condemnations of torture are wearing increasingly thin.

"Omar Awadh's case raises very serious concerns that the British are now involved in what is essentially a sort of decentralised, outsourced Guantánamo Bay."

The Foreign Office declined to comment on Awadh's allegation that he was interrogated by British intelligence officers after being mistreated. "It is an intelligence matter, so I can't comment," a spokesman said.

The Home Office refused to comment on MI5's alleged involvement. "We don't comment on operational security matters," a spokeswoman said.

UK intelligence officers are expected to consult ministers in most circumstances in which a detainee they wish to question is at risk of torture. Asked whether Theresa May, the home secretary, or any of her ministers had been consulted about any questioning of Awadh in Uganda, the Home Office said: "The security service operates within legal guidelines, which include the consolidated guidelines. The guidelines would have been followed, if they needed to have been."

Supporters of Awadh, 38, a used-car salesman, say he is a human rights activist. The Ugandan government has accused him of involvement with both al-Qaida and al-Shabab, the Islamist group fighting to overthrow the government of Somalia which claimed responsibility for the Kampala bomb attacks. On 17 September he was abducted by a group of men in suits, who dragged him from a shopping centre in Moi Avenue in central Nairobi and bundled him into a waiting car. He later told his lawyers that he was taken before a senior officer of Kenya's anti-terrorism police unit before being driven, hooded and still cuffed, to the Ugandan border.

Ugandan officials then drove him to the headquarters of the rapid response unit (RRU), an organisation that has been condemned by human rights activists. According to a report published on Wednesday by Human Rights Watch, "RRU personnel beat detainees with batons, sticks, bats, metal pipes, padlocks, table legs, and other objects", and committed six extra-judicial killings last year.

After the formation of the coalition, the government sought to distance itself from the counterterrorism practices that came to haunt the Labour administration, including within the coalition agreement the one-line pledge: "We will never condone the use of torture."

The government also ordered the redrafting of the guidance given to British intelligence officers who question detainees held overseas, or who pass or receive information about prisoners. When making the rewritten guidance public, David Cameron told the Commons that it "makes clear that … our services must never take any action where they know or believe that torture will occur".

The new guidance faced an immediate legal challenge from the Equalities and Human Rights Commission, which said its wording – echoing that of the prime minister – allows MI5 and MI6 officers to continue questioning people being tortured because they can claim not to "know or believe" what is happening as long as they are not present during the abuse. That case is yet to be heard by the court.

Awadh alleges he was beaten, slapped, threatened with incarceration in Guantánamo, and had a handgun pointed at him. He says that after being abused in this manner he was questioned repeatedly by Americans who identified themselves as from the FBI. According to Awadh, these officials accepted he was not involved in the Kampala bombings, but wanted him to divulge information about Somalia.

During meetings with his Ugandan lawyer, John Onyango, and in a series of smuggled letters to his wife, Awadh said he was also interrogated last January by MI5 officers, who showed him a series of photographs and asked questions about British nationals thought to have travelled to Somalia. It is unclear whether he has been subject to any subsequent interrogation by British intelligence.

Awadh was charged by the Ugandan authorities with being present at a number of meetings in Nairobi at which the suicide bombings were said to have been discussed. He is also accused of being in possession of incriminating material, including body armour, when detained by Ugandan police, although at the point of his arrest he had been in Kenyan custody for several hours.

He is one of 17 people charged over the attacks. Eight are Kenyan, seven of them rendered in operations condemned by the Kenyan ministry of justice and the British high commission in Nairobi.

The eighth is a prominent Kenyan human rights activist, Al-Amin Kimathi, who has campaigned against rendition, and whose arrest led Human Rights Watch to question whether the Ugandan authorities were attempting to silence "a well-known critic of government abuses in the fight against terrorism in east Africa".

Awadh is being held at Luzira maximum security prison in Kampala. His wife, Raabia, who has three children, says she is deeply worried about her husband.

The threat said to be posed by British nationals travelling to Somalia for terrorism training has been of concern to western intelligence agencies for some time. In October 2009 Jonathan Evans, the head of MI5, said in a public speech that the UK's domestic security was as dependent on events in Somalia, Pakistan and Afghanistan as on those in British cities.

Soon after that an American diplomat at the US embassy in Nairobi warned in a cable later posted on the internet by WikiLeaks: "There is believed to be a certain amount of so-called 'jihadi tourism' to southern Somalia by UK citizens of Somali ethnicity. The threat from Somalia is compounded by the fact that within east Africa there is a lack of local government recognition of the terrorist threat."

Since then, British officials have said they have concerns about some 40 British nationals who have travelled to Somalia.

On Tuesday the Foreign Office published guidance to staff, making clear that they have an obligation to report allegations of torture, even if the victim is not entitled to consular assistance.

Old news about an out of date report!

Daily Telegraph rehashes old news...

Governor of riot jail warned in advance of alcohol and drug problems

Prison chiefs at Ford open jail were warned there was a growing problem with drugs, alcohol and security less than a month before it erupted in to violence.

And Her Majesty's Chief Inspector of Prisons publishes a report on Ford Prison a month before the riot!

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Murderer asks court for right to vote in Holyrood poll

David Leask Investigations Reporter

31 Mar 2011

A MURDERER will today go to Scotland’s highest court in a bid to win the right to vote in the Holyrood election on May 5.

George McGeogh will seek a judicial review of the UK Government’s long-standing opposition to votes for convicts, despite European Court rulings in favour of such a move.

Backed by human rights lawyer Tony Kelly, McGeogh will take Jim Wallace, the Advocate General for Scotland, to the Court of Session today.

McGeogh is serving a life sentence in Dumfries prison for the murder of bakery worker Eric Innes in Inverness in 1998.

Mr Kelly last night said: “What we are trying to do is get prisoners the vote for the elections. We are not doing anything to interfere with the conduct of the poll.”

Westminster – not the Scottish Government – is responsible for carrying out the Holyrood elections. The UK Government and Westminster remain locked in a dispute with the European Court of Human Rights over the issue of prisoner suffrage.

The Strasbourg-based court, which has power over most of the continent and not just the European Union, has persistently ruled in favour of prisoners.

The House of Commons, however, earlier this year defied judges in Strasbourg, insisting who can vote is a matter for Parliament and not the courts.

Prime Minister David Cameron said he had “every sympathy” with MPs who felt foreign judges were trying to overthrow UK laws that had been in place since the 1840s.

Court of Human Rights president Jean-Paul Costa countered with a claim that the Commons vote would be a disaster – and compared Britain to despotic regimes. Mr Costa said the only country to have ever denounced the European Convention on Human Rights was “Greece in 1967 at the time of the colonels’ dictatorship”.

Mr Kelly is today not expected to dust down the traditional human rights argument for prisoners’ votes. Instead, he will make a series of technical arguments, saying UK opposition to convict suffrage is a breach of European Union law and the treaty obligations it signed when it joined the old Common Market in 1973.

England’s most senior judge, Lord Chief Justice Lord Judge, earlier this week declared that European Court rulings are the “law of the land” in Britain. That, legal commentators said, would make it harder for the UK Government to continue to resist Strasbourg on the issue.

Some 2500 British prisoners, including hundreds in Scotland, have cases pending before the European Court.

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MoJ shoots itself in the foot over votes fiasco

From Inside Time

It has come to the attention of Inside Time that the Treasury Solicitors, acting on behalf of the MoJ, are making a claim for costs, of £76 per prisoner, against each one of the 588 prisoners who claimed compensation over the government’s continued refusal to allow them the right to vote under the Hirst No 2 ruling. They have received letters from the Treasury Solicitor informing them they have 14 days to pay. This seems particularly stupid and spiteful considering that prisoners, due to their poor financial status, were granted Fee Exemption Certificates in order to lodge their claims. It works out that the MoJ are demanding a total of £44,688 from these prisoners, and the usual penalty for non-payment will be an extra 28 days in prison. This would work out at a cost to the taxpayer of £3,452 per prisoners serving an extra 28 days, a total of £2,029,776!

Prisoners should have voting rights

From Prisoners should have voting rights (sic)

The EU court say prisoners should have the right to vote but the British government is taking no notice. But why? Is it because prisoners have committed a crime? Or just because they are in prison? I wrote to Nigel Farage, of UKIP (the United Kingdom Independence Party, of which I am a member) asking why prisoners shouldn’t have the vote? He replied with – ‘Should Eric Illsley, the late MP for Barnsley, be allowed to vote in the upcoming by-election? I think not!!!’
But this begs the question, why not?

Eric Illsley fiddled his expenses whilst an MP, a criminal offence for which he is now serving a term of imprisonment. Let us suppose that instead of imprisonment he was given a large fine, community sentence, or even a suspended prison sentence. He would then have been able to vote in the by-election on the 3rd of March, even though he is no longer an MP. Let’s go a bit further – suppose that he was given bail pending an appeal. He would still be free to vote whilst on bail. So we can conclude that it is not the fact that he has committed a crime that bars him from voting, but the fact that he is in prison.

Is this because he cannot physically attend a polling station? But neither can service personnel, but they are allowed to vote. I pointed out to Mr Farage that the party that promises to give the vote to prisoners would have thousands of new members overnight! Every year thousands of people are sent to prison, and thousands are released. All have family, friends and even sympathisers, and yet no party seems willing to back prisoners voting rights and harvest the extra votes. The tabloids stir the pot by screaming ‘Murderers, Rapists, and Paedophiles!!!’ at every opportunity, as if these were the only people in prison, but I think the political parties are missing a golden opportunity here.

Source: Inside Time, Letters page, April 2011

Comment: The fucking knobheads have put the title twice rather than the name of the author of the letter!

Keep the money, I want to vote!

From Mark Sleman – HMP Stafford

I have noted the opinions of commentators and politicians with regards the prisoners vote issue, and the main irony is that the ‘against’ camp say that as prisoners, we do not have the right to influence policies that govern society. We now find ourselves, as a nation, in direct conflict with the European Court of Human Rights, to the extent that our government will probably reject the Court’s directive. Not only in refusing prisoners the vote, but also refusing to compensate us for the breach. This means that, even without having the vote, we are now having a huge impact on British politics, not only in this country but also in the rest of Europe.

The government’s stance on prisoners’ votes seems even more puerile when you actually examine the heart of the issue. The ethos of our prison system is, allegedly, to rehabilitate prisoners and turn them into law abiding and productive members of society, and one way of doing this is to give prisoners a vested interest into who governs that society. The widely-held view that prisoners are in a class removed from the rest of society may be true on a physical level, but it is a very short-sighted view when you consider that most prisoners are going to be released at some point. Cameron trumpets rhetoric about his ‘big society’ and how he wants ‘social inclusion’ and mobility, but almost in the same breath he can talk of ‘feeling physically sick’ when confronted with the idea of prisoners being allowed to vote. What’s it all about?

My claim for compensation, against the government for refusing to let me vote in the last general election, is already with the ECHR, but, if I had a choice, I’d take being allowed to vote over the money any time.

Source: Letters page, April 2011 issue Inside Time

Judiciary sensitises prisoners on their rights

Wednesday, 30th March, 2011

By Hope Mafaranga

Some of the inmates attending the workshop at Katojo prison in Kabarole district

THE Judicial Service Commission and the Justice Law and Order Sector have started sensitising prisoners on their rights.

The move is aimed at empowering inmates with knowledge on court and trial procedures.

The commission’s registrar of education and public affairs, Michael Elubu, said despite them being in prison, the prisoners still have rights.

Elubu was addressing prisoners in Katojo Prison, Fort Portal municipality in Kabarole district on Monday.

Under the theme “Mainstreaming Prison Inmates Rights”, Elubu appealed to prisoners to take a keen interest in learning the law and the language used in court so that they are able to defend themselves during court procedures.

James Tiwangye, a prisoner, complained that courts dismiss their cases due to lack of evidence after they have stayed long in prison.

Responding to Tiwangye’s complaint, the Fort Portal court registrar, Cissy Mudhasi, attributed such scenarios to cases where courts cannot trace witnesses to testify against the accused.

She added that the prisoners had a right to sue the Attorney General in such instances.

Other prisoners put the judicial officials to task to explain the criteria used in selecting prisoners to appear before court.

Mudhasi said the selection must be on a first come, first serve basis.

The eastern regional Prisons commander, Moses Kakungulu, said prisoners awaiting trial lose some of their rights such as freedom of movement and the right to vote.

However, he was quick to add that the prisoners keep their conjugal rights and the right to dignity.

“The right to human dignity is inviolable in all circumstances irrespective of the crime the inmate committed,” Kakungulu said.

The officer in charge of Katojo Prison, Gervase Tumuhimbise, expressed concern over the congestion in the prison.

He said the prison was built to accommodate 281 inmates but it currently houses 627.

Comment: My understanding is that convicted prisoners in South Africa have the vote, but this is Uganda, East Africa...

Here's one for your diary next week...

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Series 1 | Episode 6 | Jamie's Dream School

http://www.channel4.com/programmes/jamies-dream-school/episode-guide/series-1/episode-6

As school term draws to a close the pressure is on to get the teenagers back into education and attention turns to the hardest-to-reach kids.

In a last-ditch effort, Jamie tries three very different approaches. First, formidable dinner lady Nora Sands, of School Dinners fame, is appalled by their lack of punctuality and messiness, and tells Jamie she thinks some are spoilt.

Next, explorer David Hempleman-Adams leads an expedition up Snowdon in Wales. The experience is a revelation to a bunch of mostly urban youngsters who often find climbing out of bed in the morning a challenge.

And Human Rights lawyer Cherie Blair brings a reformed killer into class, giving Angelique a chance to take charge. She brings order to a lively debate on the rights of prisoners, but can she keep her own moods under control?

Meanwhile Jamie and headmaster John challenge the students to put together portfolios as evidence of everything they've achieved at Dream School and some of the kids really get the bit between their teeth.

Jamie also calls the parents into school to encourage them to make the most of their kids' potential once Dream School finishes. But one of the girls immediately demonstrates the scale of the challenge by bunking off early.

Finally, Alastair Campbell reveals that he has an invitation for the students to meet the Prime Minister, David Cameron. But, unless some of their behaviour improves, they won't all be making the trip to Number Ten.

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Prisoner 'was scalded' by Barnsley detention officer

A detention officer from South Yorkshire Police "deliberately" threw a cup of almost boiling water over a disruptive prisoner, a court has heard.



Adrian Law, 45, allegedly threw the hot water over a man in custody at Barnsley Police Station.

Abdul Aziz Alfadley, 26, said he suffered scalding injuries to his lower abdomen and genitals.

Mr Law, of Cranwell Court, Goldthorpe, is accused of causing grievous bodily harm with intent at Leeds Crown Court.

'Boiling point'

The court heard that Mr Law was working as a detention officer on 30 May last year when Mr Alfadley was taken to the station for a public order offence.

He was described as being agitated and disruptive and it was decided he should be strip searched.

Mr Alfadley was taken to a cell in his underwear where he was heard shouting and banging on the cell door.

The jury heard that Mr Law allegedly went to a kitchen and filled a cup from the hot water boiler before returning to the cell and throwing it over the prisoner through a hatch in the cell door.

Jeremy Hill-Baker, for the prosecution, said: "What Mr Alfadley experienced was someone looking in, then a few moments later the hatch opened and a hand reached through and the contents of a white plastic cup being thrown on to the lower abdomen and genital area.

"That was very hot water, almost at boiling point, having been obtained by Mr Law and deliberately thrown in the cell on to him."

'Blistered skin'

Mr Hill-Baker said Mr Alfadley "screamed out in pain" and tried to alleviate it by dowsing himself in cold water from a tap in his cell.

The jury was shown pictures of Mr Alfadley's injuries which included reddening and blistering of the skin and told that tests revealed the water in the kitchen boiler to be heated to 94.7 degrees centigrade.

Mr Alfadley told the court through a translator: "I didn't hear anything. I saw somebody looking at me. After two, three or four minutes he brought a cup of water and he poured it on my body.

"I thought I had lost my sexuality. I was no longer a man."

Mr Law is currently on bail, and the case continues.

Prison Officers: Sack 'em all, sack 'em all, the long and the short and the tall!

Troops on standby for illegal prison guards' strike

The army has been put at the ready because of fears of a wildcat strike by prison officers over plans for more private-sector competition in jails.



Comment: I am somewhat puzzled why the Telegraph has filed this story under the heading "Defence" instead of "Home Affairs". In any event, as the headline points out it is illegal for prison officers to go on strike.

"Kenneth Clarke, the Justice Secretary, was attempting to head off the confrontation last night and it is understood that David Cameron has been consulted about the threat". It is amusing that Kenneth Clarke has consulted with David Cameron, because as we know, from the Prisoners Votes Case, David Cameron consulted his stomach and he said that the idea of giving prisoners the vote made him feel physically ill!

"The Prime Minister has hinted that he is prepared to bring in new trade union laws to deal with any new militancy". It just goes to show how out of touch with reality David Cameron is to talk about bringing in new trade union laws to deal with an issue which is already covered by existing legislation! The Prison Act 1952 prohibits prison officers from going on strike. If they should choose to break the law then they should all be dismissed!

Ex-prisoner only get a third of damages for false imprisonment!

Prisoner kept in jail for 10 months too long wins £10,000 payout for breach of human rights

"Officials are considering whether to appeal against the £10,000 award – triple the usual sum in unlawful detention cases. The amount will raise fears of higher payouts in future hearings".

Comment: My understanding is that a case of unlawful imprisonment is worth a minimum £100 per day. On this basis, rather than be triple the usual sum the award is 3 times less than it should have been. The ex-prisoner should have received at least £30,000 and not a measley £10,000.

In 1991 in R (on the application of Hirst) v the Governor of Durham Prison, I received £3,000 for 30 days unlawful segregation.

Sedley LJ, should be ashamed of himself if he thinks it is appropriate only to award a third of the damgages for loss of liberty compared to what I received for loss of association on normal location. And Blair J, should resign or step down until he learns how to judge a case properly!