The Commission for Racial Equality has published today a report of the findings of a formal investigation into the circumstances of the murder of Zahid Mubarek in Feltham Young Offenders Institute in March 2000. The issue of racism in prisons was tragically highlighted by the death of Zahid Mubarek at the hands of his racist cellmate, Robert Stewart. Trevor Phillips, Chair of the Commission for Racial Equality, said “The Report we publish today is a shocking catalogue of failure. Zahid Mubarek died because of a combination of Robert Stewart’s racism and failures by the prison service to provide him with appropriate protection. I am convinced that had Zahid been white, he would not have died."

The Report contains detailed evidence of 20 areas of failure in the management systems in Feltham either to identify the violent and racist nature of Robert Stewart or to protect Zahid Mubarek from him.

"Each of the twenty failures allowed Robert Stewart to progress towards his murderous destination. Had any of them been dealt with, this killing would probably have been avoided" added Mr Phillips.

"His security file, detailing his violent history was not read, he was not seen by a doctor or a psychiatrist, his letters to friends detailing his racist thoughts and murderous intentions were never read by prison staff or, worse, they were read and no action taken. The finding of unlawful discrimination stems from these failures.

The purpose of our investigation was to uncover as much of the truth as we could. The Report’s purpose is to provide a platform for us to work with the Prison Service to ensure that nothing like this ever happens again."

This systemic failure provides the legal basis for the Commission to serve a Non- Discrimination Notice on HM Prison Service, if it so wishes. The Commission has decided, however, that it will not immediately issue such a Notice. It has decided that it will first enter into a dialogue with HM Prison Service to establish whether it might be possible to develop an agreed Action Programme to overcome the major problems and institutional weaknesses revealed by the Investigation. If the two organisations are successful in establishing such an Action Programme the CRE may not proceed with the Non-Discrimination Notice.

Mr Phillips commented, "I know that the new Director General, Phil Wheatley is as committed to this end as I am. He and his colleagues have already begun to rectify some of the areas of failure and I commend the efforts they are making to put new policies and programmes in place. We will be meeting shortly to begin discussion on an action plan to accelerate that work. In a prison system where 25% of male inmates are from black and ethnic minority backgrounds there could hardly be a higher priority.”

Phil Wheatley, Director General of the Prison Service, said "I recognise, like my predecessor did immediately, that the tragic death of Zahid Mubarek was a result of a failure by the Prison Service to protect him. With such a high proportion of the prison population from a black and minority ethnic background I share the desire to build on what we have achieved since the tragic events of March 2000 to ensure that such an incident is never repeated. I welcome the opportunity of working with the CRE to ensure this is the case."

WHAT IS A NON DISCRIMINATION NOTICE?

When it has grounds to believe that discrimination may be taking place the Commission for Racial Equality can conduct a Formal Investigation. In the course of an investigation it can examine documents and interview individuals on matters relevant to the investigation. If the Commission makes a finding of unlawful racial discrimination it can issue a Non-Discrimination Notice requiring the respondent to take those measures necessary to undo the discrimination. The notice is enforceable for up to five years.

There are no penalties imposed on the organisation or the individuals involved, the Notice simply requires them to take such steps as the Commission considers are necessary to ensure that they are complying with the law which now, under the Race Relations Act as amended in 2000, requires HM Prison Service, like other public bodies, to:

• eliminate unlawful racial discrimination;
• promote equality of opportunity;
• promote good race relations between people of different racial groups.

PRISON POPULATION

The CRE report comes at a time when the ethnic minority prison population is growing at a greater rate than the national average.

UK Prison Population 1999 & 2002

• The overall prison population grew by 12.17% between December 1999 and December 2002.
• The black prison population grew by 51.39% in the same period.
• The overall black, Asian, Chinese and Other population grew from 11,729 to 17,179 or by 46.46%.
• The monthly figures show that the growth in the proportion of the prison population which is black is accelerating.

The second part of the CRE Report, due to be launched in the Autumn, will address the wider issues of the need to eliminate unlawful racial discrimination and to promote equality of opportunity and good relations between people of different racial groups, in HM Prison Service.

A copy of the full CRE report on the murder of Zahid Mubarek can be found on the CRE website.

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