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

Select target paragraph3