E/CN.4/2003/24
page 41
2. Response of the Government of the United Kingdom
76.
On 18 November 2002, the Home Office of the Government of the United Kingdom
responded to the joint allegation stating that “this was a wicked crime which occurred while
Zahid was in the care of the Prison Service. He and his family had a right to expect he would be
looked after safely, but the Prison Service failed to do so”.
77.
Since the tragic death of Zahid, a number of measures have been introduced to ensure
that such a tragedy does not reoccur. These include the introduction at Feltham of procedures for
risk assessments for cell-sharing. These were initially trialled at Feltham and introduced
nationally in June 2002. In addition, an improved health-care screening process is being
introduced to better identify prisoners with serious physical and mental health problems.
Procedures are also being developed to ensure a better exchange of information between Prison
Service and external agencies when a prisoner comes into custody.
78.
The Director-General of the Prison Service has admitted that the Prison Service is
institutionally racist and is determined to rid the Service of all forms of racism. He is also
determined to eradicate discrimination in the treatment of prisoners. Much progress has been
made since Zahid’s death. Meanwhile an investigation into race relations within the Prison
Service, which has been under way for almost two years, is now nearing completion.
Zahid Mubarek
79.
While the summary of the allegations as set out in the annex to the letter of the Special
Rapporteurs are broadly accurate, the facts of the tragic incident are as follows:
•
On 21 March 2000, at approximately 3.35 a.m., a call alarm was activated in the
Swallow Unit at HM Young Offenders Institute and Remand Centre Feltham. On
attending, the officer on duty saw that one of the occupants, Zahid Mubarek, was
lying in bed badly injured. The other occupant, Robert Stewart, had a stick in his
hand that looked like a table leg. The scene confronting staff suggested that Zahid
had been badly beaten around the head with this table leg;
•
Staff arrived on the scene, including health-care staff who administered first aid to
Zahid. Although his injuries were extensive, he was still breathing and not bleeding
heavily. Staff continued to administer first aid until the paramedics arrived. Zahid
was then taken to Ashford General Hospital at 4.36 a.m. and was later transferred to
Charing Cross Hospital. Tragically, he died on 28 March 2000 as a result of the
injuries sustained.
80.
The following circumstances should be taken into account when assessing the
implications of this allegation:
•
The assertion that staff knew that Robert Stewart was racist is not totally correct.
Neither the warrants of the court nor the list of Mr. Stewart’s pre-convictions provide
any evidence to suggest that he was a racist. Although it has since been suggested
that the harassment offence for which he was remanded in custody was racially