Family to sue prison service over death of inmate

Despite much of the restraint being recorded on CCTV no-one has been held accountable for what happened to Mr Marshall.

The Crown Office – Scotland’s prosecution service – granted full immunity to all prison officers at HMP Edinburgh, ruling out any prosecution.

Earlier this year the BBC revealed a Crown Office review had said the decision to give immunity had been “incorrect”.

Mr Marshall’s aunt, Sharon MacFadyen, has now raised a court claim against the prison service using human rights laws.

The right to life is protected under Article 2 of the European Convention on Human Rights, incorporated into UK law through the Human Rights Act 1998.

Her lawyers said that the Crown’s decision to grant immunity to the prison officers meant this was now one of the only remaining routes to securing accountability.

Ms MacFadyen’s court action is also directed against Police Scotland and the Crown Office, for breach of their duty to adequately investigate Mr Marshall’s death and hold those responsible to account, which is also a requirement under Article 2.

Mr Marshall’s brother Alistair said: “We’ve been fighting for justice for Allan for nine years.

“Allan was killed in prison when he needed medical support.

“No-one has been held responsible for that. The system has failed Allan. We hope that through this court case we can finally get accountability.”

Barbara Bolton, legal director of JustRight Scotland who is working on the case, said: “This case highlights the urgent need for transparency in deaths that occur in State custody.

“Research shows a troubling rise in these deaths, reflecting preventable issues within the prison system.

“Human rights law, particularly Article 2 of the European Convention on Human Rights, mandates that the State protects the right to life.

“Thorough investigation and holding those responsible to account are essential for delivering justice to families and addressing critical issues within the prison system.”

A Scottish Prison Service spokesman said: “Our thoughts remain with Mr Marshall’s family. As this is subject to proceedings it would be inappropriate to comment further.”

A Police Scotland spokeswoman said: “We have received instruction from the lord advocate to investigate possible corporate responsibility by the Scottish Prison Service.

“We are not able to comment further at this time due to the live nature of this investigation.”

The Scottish government also said its condolences remain with the family but could not comment further at this time.