Briefing note from Celtic League to European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment - Delegation to the Isle of Man.

 The Celtic League welcome the decision of the ECPT to send an enquiry team to the Isle of Man to examine Prison Conditions. Before commenting on our concerns I would set out some information on the Celtic League and its objectives. I attach a document The Aim and Role of the Celtic League which sets out both our remit and structure (appendix 1). We have a central co-ordinating Committee, branches in the six Celtic countries and campaign and monitor a wide rage of issues.

 We have a particular interest in monitoring human rights and possible violations in respect of these areas. The periphery of Europe, such as the Celtic areas, often tends to be ignored by mainstream campaigning organisations and the result of this is that countries, such as the United Kingdom, the Isle of Man and Ireland have tended to be less than positive in the area of social reform policies, particularly regarding human rights, fundamental freedoms and penal policy.

 The United Kingdom and Isle of Man governments operate punitive domestic legal systems that impinge on the treatment and rights of detainees, both sentenced and remand. In addition all three countries place the resourcing of the penal system as a very low priority, nowhere more so than the Isle of Man.

 Because of the deficiencies we perceived, in 1994 the Celtic League prepared a paper, which called for respect for Human Rights on the Celtic Fringe. This was adopted by our annual conference.

 In the context of its remit the Celtic League communicates its concerns to various European and International bodies. For example in respect of your own organisation complaint has been made on behalf of its Irish branch over persons detained in N. Ireland. A complaint is also contemplated in respect of a female prisoner, currently detained at Limerick Prison, in the Irish Republic and denied appropriate medical treatment. In addition concern has been expressed to the French government about the trial and detention of a number of Bretons.

 I outline these points to establish clearly that the Celtic League's concern about the provision of facilities and treatment of offenders in the Isle of Man stems from our monitoring of policies practised across what I will term the "Celtic Fringe" of Europe. It is not solely directed at the Isle of Man or its government. Penal policies in these areas have developed because the authorities concerned believed that they were sufficiently divorced from scrutiny that they could perpetrate a regime of neglect that in our view borders on inhuman and degrading treatment of offenders.

 In 1996, at its Annual General Meeting in Inverness, the Celtic League adopted a resolution which called on its General Secretary to submit a report to the United Nations concerning the deaths in custody and the conditions at the Isle of Man Prison. It was also agreed that this communication should express concern about the imprisonment of children. Subsequently having become aware of the remit of the European Committee for the Prevention of Torture etc, it was agreed that the complaint would be directed to that organisation.

The Isle of Man Prison and General Prison Policy.

 Factually, the situation the Isle of Man government now finds itself in is not disputed. They have neither the prison infrastructure nor staff to deal with the various categories of offenders who pass through the system. The existing building, which is a composite Male, Female and Child Prison is many years old. It is devoid for the most part of decent facilities and not designed for the numbers it is required to contain. If you have examined the prison you should be aware that since the scandal and enquiry into both the deaths in custody and the imprisonment of a twelve year old girl some improvements have been made and some unsuitable areas have been closed.

 I would like the Committee to visualise what conditions must have been like in the institution only two years ago in the period before the unfortunate suicides which in part led to the modest improvements now achieved. Even after the two suicides the Isle of Man government did not take dramatic steps to improve the situation. The operation of this institution continued as it had always done under a veil of secrecy. Requests from the media to access the facility were denied and the Isle of Man government operates a policy of open abuse and hostility towards any NGOs (Non governmental organisations) such as the Celtic League or Manx Council for Civil Liberty which have expressed concern.

 Following the media focus caused by the imprisonment of a twelve year old child and the subsequent report into the deaths of Paul Volino and Henry Richards the Isle of Man government has indicated that there will be reform. Certain modest steps have been taken, mainly a reaction to the pressure on numbers of inmates and ratio of Staff.

 There is however, still no definite commitment to develop an enlightened penal policy and the Committee should note that the Islands Civil Liberties group (MCCL) has recently condemned the punitive use of hand restraints in the Prison a practise, which the Isle of Man government sanctions.

 Conclusion

 The Celtic League believe the Isle of Man government should:

 a) place the issue of reform of both penal policy and the construction of new facilities for the detention of offenders at the top of its list.

 b)review the disgraceful practice of imprisoning children.

 c)develop procedures for use within the prison which are based on reputable International guidelines e.g. European Prison Rules.

 d)end its hostility towards NGOs and recognise that a willingness to allow constructive criticism adds to the value of any debate on Prison policy.

 In the context of (a) the Island should look closely at alternatives to custody so as to ensure that reform and not punishment of offenders is the underlying principle of criminal justice policy.

 J B Moffatt
General Secretary, Celtic League, September 1997.