Napier v Scottish Ministers: The Case of the "Slopped-Out" Cells

Napier v Scottish Ministers
2001 WL 1346975
Court of Session (Outer House)
26 June 2001

Brief Summary:
The petitioner, a prisoner in Barlinnie prison in Scotland, brought a claim under Article 3 of the Convention (prohibition against cruel and inhuman treatment) due to the living conditions of that prison.  Namely, the prison had no running water and inadequate plumbing.  The Court of Sessions held that the conditions of the prison did violate the petitioner's rights and ordered him removed to another prison.  The fact that all the other prisoners in Barlinnie suffered the same inhuman conditions was left for another day.

The Facts:
The petitioner was detained in C Hall of Barlinnie Prison, which is the part of the prison in which remand prisoners are detained, since 18 May 2001. The petitioner complained about the living conditions in his cell,  "particularly since he requires to share the cell with another prisoner; (ii) that the sanitary arrangements, which involve the process known as “slopping out”, i.e. urination and defecation in vessels which are kept in the cell and emptied two or three times a day, are grossly inadequate; and (iii) that the extent to which he is confined in his cell is excessive, and the periods of exercise and recreation outside the cell are inadequate."  The petitioner also suffered from atopic eczema, which a doctor stated requires treatment and was likely exacerbated by his environmental conditions and the stress related to living in those conditions.

The petitioner argued that he had made out a prima facie case that the conditions of his detention in C Hall were in contravention of his rights under Article 3 of the Convention and he requested an interim order to remove him from the prison to another prison.

The Holding:
The court first noted that whether an interim order should be pronounced depended on where the balance of convenience lay.  The respondents argued that although a prima facie case was made out (and the prison conditions were terrible), that the petitioner's Article 3 rights were not violated.  The court noted that the prison conditions had been a long-standing problem that was unlikely to be solved within the next five years.

The court also rejected the respondents' argument that in order to find in the petitioner's favor, the court would have to order that every prisoner be transferred, which would tip the balance of convenience in favor of the respondents.  The court noted that only the petitioner had asserted his Article 3 rights and requested an interim order; the transfer of one prisoner to a prison with better living conditions (that comply with Article 3) was not so onerous, particularly in view of the petitioner's unique medical condition.  The prisoner was ordered to be transferred to such a prison within 72 hours.

Villain?
Although the petitioner was a convicted criminal, he was only seeking a prison with better living conditions, not release.  Moreover, the prison conditions at Barlinnie, as described, seem horrible.  Moreover, the court noted, despite the fact that the government acknowledged that these living conditions should be remedied several years prior, had not taken steps to do so. Not a villain.