The familes of Allan Marshall and Sheku Bayoh are to unite at a vigil to demand an end to Scotland’s deaths in custody scandal.
The planned gathering will be held outside the official residence of the First Minister at Bute House in Edinburgh next Saturday at noon.
Relatives of both men have called on SNP leader John Swinney or a representative to be there to receive a letter demanding action is taken to tackle the rise in custody deaths.
Allan’s aunt, Sharon MacFadyen, of Rutherglen, near Glasgow, has called on other families who have been affected by a death in custody to join them.
She said: “We are also hoping that someone from the Scottish Government will meet us to take our letter.
“The sheriff said Allan’s death was preventable and we have been fighting the people meant to be working for us to get justice. We want people to know what is happening in this country and to share Allan’s story.”
The event is being organised by the United Friends and Families Scotland group with a similar vigil taking place in Downing Street at the same time.
One of the organisers, Glasgow councillor Graham Campbell said: “There are more deaths in custody than we realise. The Marshall and Bayoh families are leading the way for others to start campaigning.
“If you terminate someone’s life there should be some sort of recognition that is wrong.
“The families want justice, they want the system to be better and more accountable. I’d ask my government to pay the families their due and meet them next Saturday and take their concerns on board.”
Allan, 30, who ran his own recycling business in Castlemilk, Glasgow, died in hospital four days after being restrained by up to 17 prison officers at HMP Edinburgh in March, 2015.
The case provoked fury after the Sunday Mail revealed CCTV footage showing the dad of two being dragged naked down a segregation unit corridor with a towel over his face, having suffered multiple injuries.
The Scottish Prison Service (SPS) failed in a bid to stop the us publishing the footage in 2019. A Fatal Accident Inquiry (FAI) later ruled Allan’s death had been “entirely preventable” and the prison officers involved in his restraint were “mutually dishonest”. Allan was an untried remand prisoner and due to be freed when the restraint took place.
In July the Marshall family launched a £200,000 action against the SPS, Police Scotland and the Crown Office for breaching Allan’s human rights.
In March last year the Lord Advocate ordered Police Scotland to investigate the SPS for corporate liability in Allan’s death, including corporate homicide.
Trainee gas engineer Sheku Bayoh, 31, died in hospital after being restrained by officers in a Kirkcaldy street in May 2015.
His death is now the subject of an on going public inquiry which began in May, 2022.
One of its’ remits is to establish if race was factor in his death.
Professor Sarah Armstrong, chair of criminology at the University of Glasgow, said: “Most people are not aware that Scotland has one of the highest death in custody rates nor that an FAI does not find anyone ‘guilty’ or responsible for a death.
“Even where a Sheriff makes recommendations to prevent future deaths, no individual or agency is legally obliged to accept these or act on them.”
A Scottish Government spokesman said:“Our thoughts remain with the families of Allan Marshall and Sheku Bayoh and anyone else affected by a death in custody.
“The Scottish Government awaits the outcome of the independent public inquiry into Mr Bayoh’s death. There are live court proceedings concerning Mr Marshall’s death and it would be inappropriate for us to comment.
“We will carefully consider the issues raised in the families’ letter.”
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