UK: European court decision frees Satpal
01 May 2002
Satpal Ram has been released, after spending 15 years in prison, following rulings by the European Court of Human Rights and the UK court of appeal. Satpal was jailed in 1987 after defending himself against a violent racist attack, in which one of the aggressors died after he refused hospital treatment. However, the racist motivation behind the assault and the issue of the right to self-defence were not raised by Satpal's defence lawyer and he was convicted of murder and jailed for life, with a recommended tariff of 11 years. Successive Home Secretary's refused to release Satpal once he had served the recommended tariff, because he would not acknowledge his "guilt". Throughout his imprisonment Satpal continued to protest his innocence, highlighting not only his case but drawing attention to the all too frequent instances of racist and other abuse of prisoners, (see Statewatch vol. 4 no. 3, vol. 6 no. 6, vol. 9 no. 5).
In May the European Court ruled that Dennis Stafford, who was jailed for life for a killing in 1967, had been unlawfully detained from between July 1997 and December 1998. It held that the UK had violated his rights to protection from arbitrary detention and to have the legitimacy of his detention tested by a court. He received compensation and legal damages. In June an appeal was brought by two convicted killers, Anthony Anderson and John Taylor, challenging the Home Secretary's right to fix a tariff for murderers. It is expected to be heard shortly and, following the European Court ruling, will inevitably succeed,
The European Court ruling denied the Home Secretary the right to keep a prisoner behind bars when the Parole Board had recommended his release. The Board had recommended Satpal's release in October 2000, but the then Home Secretary, Jack Straw, refused to accept their advice. Even after the European Court's decision, and after the Lord Chief Justice eventually signed Satpal's release papers on 14 June, the Home Office still prevaricated, ensuring that he spent another weekend incarcerated.
Satpal's miscarriage of justice became the centre of an effective campaign to clear his name after supporters highlighted the frequent brutality and racist treatment he received in prison. Despite being subjected to a humiliating and degrading campaign at the hands of prison officers, which saw him subjected to numerous beatings, regular strip searches and serve over five years in solitary confinement, he never ceased to proclaim his innocence. His case was taken up by the Asian Dub Foundation, who initiated a series of "conscious clubbing" benefits across the country, raising support and awareness. A series of vocal pickets outside various prisons resulted in him being "ghosted" (removed at short notice) to more than 65 separate institutions.
However, while Satpal's release is long overdue it is a pyrrhic victory, as his conviction has not been quashed. As his lawyer, Daniel Guedalla commented: "It does not mean they accept he is innocent and he is still challenging his wrongful conviction. This is a victory but not a complete vindication. He is still on a life licence until his conviction is quashed." Satpal, and his supporters, will continue to fight to clear his name.