Kriss Donald killer Imran Shahid loses human rights bid
The leader of a gang jailed for the racist murder of a Glasgow schoolboy has lost a bid to win damages for being held in solitary confinement in prison.
Imran Shahid is serving a minimum of 25 years for murdering Kriss Donald in 2004.
He had raised an action at the Court of Session in Edinburgh claiming that his segregation violated his human rights.
But judge Lord Malcolm rejected this, agreeing that segregation was necessary for safety reasons.
Shahid was recently attacked in prison after being returned to the mainstream population.
The 34-year-old, his brother Zeeshan Shahid and Faisal Mushtaq were all sentenced to life in November 2006 after being found guilty of murdering the 15-year-old.
Kriss Donald was abducted in the Pollokshields area of Glasgow, stabbed several times, then set on fire.
During his time in the Scottish jail system, Shahid has spent four years and eight months in segregation.
He claimed this amounted to inhuman or degrading treatment and was contrary to the European Convention on Human Rights (ECHR).
He also maintained that there had been interference with his right to respect for private life under the ECHR.
As part of the action he raised a claim for compensation of £6,000, although his counsel Simon Collins QC accepted that any damages award would be modest.
In his judgement Lord Malcolm said: "Given the nature of his crime there was a high level of feeling against him in the prison population.
"The relevant officials, charged with making decisions concerning his management, considered that he would be at substantial risk of serious harm if returned to the mainstream population.
"Given the information which they had, they would have been open to very serious criticism, and indeed legal action, had he been placed in mainstream and come to harm.
"While such a lengthy period of segregation is a cause for concern, its purpose was legitimate. It was directed towards the petitioner's own safety and protection from the potential for serious injury or worse."
Lord Malcolm added: "The response was proportionate. Throughout the ultimate goal of reintegration was maintained."
The SPS maintained that within the prison population there had been a high level of feeling against Shahid because of the murder and at the time the view was taken that to place him in with mainstream prisoners would leave him at serious risk of attack.
The Scottish government regularly granted applications to governors for the renewal of his segregation.