Court Rules Murderer Had Human Rights Breached
14 October 2015, 13:59
The racist murderer of teenager Kriss Donald had his human rights breached by being kept in solitary confinement, the Supreme Court has ruled.
Imran Shahid, who is serving a minimum jail time of 25 years, challenged the lawfulness of his segregation.
Judges at the Supreme Court ruled that he was unlawfully kept in solitary confinement during three separate occasions for a total of 14 months.
They ruled that this had violated the European Convention on Human Rights.
Kriss Donald, 15, was stabbed 13 times and set on fire in the east end of Glasgow on March 15 2004.
Shahid, his brother Zeeshan Shahid and Mohammed Faisal Mushtaq were all found guilty of the racially-aggravated abduction and murder at the High Court in Edinburgh in 2006.
During his time in jail, Shahid has spent a total of four years and eight months in segregation, but the court said that 14 months of this was unlawful.
His previous bid to win damages for being held in solitary confinement was rejected by the Court of Session in Edinburgh.
Segregation of prisoners should not continue beyond 72 hours unless Scottish ministers' authority has been granted before that period expires.
In a written ruling the Supreme Court judges said that three orders made on behalf of the ministers authorising Shahid's continued segregation had been granted after the 72 hours had expired.
They said: "On the three occasions when authority for the appellant's segregation was granted late, that authority was invalid, and incapable of renewal.
"Consequently, the appellant's segregation for periods totalling about 14 months lacked authorisation under the prison rules.
"It is however accepted that the appellant was not prejudiced as a result.''