THE families of two men who died in custody in Scotland have been told that the First Minister's residence door will not be opened to receive a letter due to "security reasons", despite Number 10 opening its door to the group’s counterpart in England.
The two families of Allan Marshall and Sheku Bayoh have come together alongside others for the previous five years to hold a remembrance vigil outside the First Minister’s Bute House residence.
The vigil usually coincides with remembrance events in London. The vigil is organised by the United Families and Friends Campaign (UFFC), a UK-wide coalition of families affected by deaths in custody.
The group said the door to Bute House has been closed each time, despite the group's counterpart in England having been able to hand deliver a letter to 10 Downing Street several times.
This year, UFFC specifically requested that “the door to Bute House is opened and the letter is received in person from families” ahead of the vigil on Saturday, though the request was denied by John Swinney’s Bute House office. The office said the building is closed on weekends.
The letter lists their concerns about deaths in custody. Among these are removing immunity from the Prison Service, creating an oversight mechanism and ensuring families get legal representation.
Marshall and Bayoh both died in custody in 2015.
Marshall, 30, was being held on remand at HMP Edinburgh in March 2015 when he suffered a cardiac arrest during a lengthy struggle with staff.
Later that year, in May, 31-year-old Bayoh died after he was restrained by nine police officers in Kirkcaldy.
A fatal accident inquiry (FAI) found that Marshall’s death was “entirely preventable”, while Bayoh’s is currently subject to a public inquiry.
In an email to the office of the First Minister, organisers requested the door be opened and the letter received in person, writing: “This is upsetting for the families and appears to further convey the disregard and disinterest of Scottish Government for the fates of their loved ones and the ongoing campaigns for justice.
“At the parallel vigil in London on this day, we understand that the door to Downing Street is opened and the letter from families received in person.
“We respectfully ask that this year the door to Bute House is opened and the letter is received in person”.
In response, a representative from the office of the First Minister wrote: “Thank you for your email to the First Minister regarding the United Families and Friends Scotland Vigil on October 26. Unfortunately, as you may be aware, Bute House are not able to accept letters/petitions for security purposes.
“All letters and petitions are re-directed to the main Scottish Government building in Edinburgh which is St Andrews House, Regent Road, Edinburgh, EH1 3DG.
“Unfortunately, St Andrews House is not open on a Saturday and Sunday. I would therefore be grateful if you could post your letter to the undemoted address, and I will endure the First Minister is made aware of your letter.”
The group said the refusal was "striking” in the face of the ongoing Sheku Bayoh Inquiry.
Previously, MSPs and councillors, including former Scottish Labour leader Richard Leonard (below), have stood alongside the families and supporters to attend the vigil and offer remarks in support of their efforts.
Sharon MacFadyen, aunt of Marshall, said: “After Allan died, no one reached out to us. To this day the Governor of the prison has not met with us and looked us in the eye to express any sympathy. He had his comms officer meet with us instead.
“Teresa Medhurst [chief executive of the SPS] says on television that every death is a tragedy. If she means it, why has the SPS refused to ban officers using their feet to restrain prisoners?’ Ade and Kadi Johnson, brother-in-law and sister of Bayoh said they are requesting the First Minister host a Scotland Victim Families meeting to hear concerns.
They said: “We have waited nine years to understand what happened to Sheku, and for accountability. Not only us, but all the families who have lost a brother, sister, mother, father, son or daughter want to know that what happened to them won’t happen to another family.”
A Scottish Government spokesperson said: “Our thoughts remain with the families of Allan Marshall and Sheku Bayoh and anyone else affected by a death in custody.
“While unfortunately we are unable to facilitate the handover of the letter as proposed on Saturday, we are seeking to arrange an appropriate opportunity to do so.”
