POSITIVE ACTION IN HOUSING
Wednesday, March 17, 2010 BY FAX: 0131 226 6910
FAO the Rt Hon Elish Angiolini QC
Lord Advocate
Crown Office
25 Chambers Street
Edinburgh EH1 1LA
Dear Lord Advocate,
REQUEST FOR FATAL ACCIDENT INQUIRY INTO THE DEATHS OF SERGUEI, TATIANA AND STEPAN SERHYK
Positive Action in Housing Ltd is a Scottish wide charity working with communities, housing providers, voluntary organisations and faith groups to enable everyone to have an equal chance to live in good quality, affordable and safe homes, free from discrimination and the fear of racial harassment and violence. We offer advice, information and support to people from new migrant, refugee and minority ethnic communities. We run a free, confidential and impartial casework service for those facing poverty, homelessness, racism or poor housing. We run a Hardship Fund and provide emergency shelter and practical resources for destitute asylum seekers and their families. We support human rights and anti-racist campaigns. We inform social policy from a user-led perspective.
Since 2000, over 10,000 asylum seekers were dispersed to Glasgow, the second largest asylum
population in the UK. Since 2004, Positive Action in Housing has operated a destitution fund to support refused asylum seekers who are made destitute in an attempt by the UK government to force them to return to their countries of origin. In 2009, we provided 1,365 nights of free shelter and distributed a total of £18,020 from our Hardship Fund to refused asylum seekers and their families when they were forced into destitution. While the asylum population in Glasgow are relatively transient, the problem of long term destitution, mental illness, despair and hopelessness have been permanent since around 2004 and we have warned previously that things are likely to get worse if not addressed with humanity and understanding.
I am therefore writing to request that you use the powers available to you as Lord Advocate to instruct a Fatal Accident Inquiry into the deaths on 7 March 2010 of Mr Serguei Serykh, his wife Tatiana and their 19 year old son, Stepan, a family of asylum seekers who sought refuge in the UK. Based on our experiences of the way the UK asylum policy operates on Scottish soil, we believe that the Sehryk family would still be alive were it not for the way they were treated by the UK asylum system.
We believe it is in the public interest that a Fatal Accident Inquiry be carried out. There are a number of issues of concern:
1. Serguei Sehryk was a former member of the Russian Military Intelligence, and this was accepted by Canada where he first sought asylum and was granted “protected person status” alongside his family on 31 October 2005.
2. The family claimed asylum in November 2007. We have documentary evidence that the UKBA was fully aware of the family’s fear of being killed and of being prepared to kill themselves. Those close to the family state they “were extremely worried about perceived threats to their physical and mental well being”.
3. It is believed that Mr Sehryk had some psychological issues, as well as his wife and stepson. We possess evidence which shows clearly that the UK Borders Agency knew of the family’s psychological issues and that they were a danger to themselves, and possibly to others. Despite all these factors, the UKBA did nothing to support the family. Indeed, we would contend that their actions only served to exacerbate the family’s sense of fear, isolation and hopelessness about their situation.
4. On 15 February 2010, the UKBA issued a letter refusing the Sehryk family’s claim to asylum. The UKBA informed the family that they could appeal after they return to Canada. They further informed the family that if they did not leave voluntarily, directions would be given for their removal. The UKBA further informed the family that there were no “compassionate” circumstances, i.e. “no known serious medical conditions” which were “sufficiently compelling” to justify allowing the family to stay in the UK.
5. A few days later, the UKBA notified the family that they no longer qualified for support under Section 98 or 95 of the Immigration and Asylum Act 1999. They were further notified that their support, ie money and accommodation would be discontinued 21 days following the notification of the resolution of their asylum claim.
6. Around mid-February 2010, the YMCA, which is contracted by the UKBA to provide accommodation to asylum seekers, also issued a letter informing the family they must leave their flat at 63 Petershill Drive by Sunday 7 March, 2010. Their benefits of £105 per week in vouchers would also have stopped around Sunday 7 March. This date is important because it was the same day that they family is said to have committed suicide from the balcony of their 15th floor flat.
7. Around 24th February, eleven days before their deaths, the family sought advice about their asylum refusal to find out what the “the next step” was. They were informed that
i. their money and housing would be stopped.
ii. That they were forbidden to work
iii. they would have no “recourse to public funds”, ie they could not go to an emergency hostel, a
homeless unit or apply for income support or crisis funds. They had no other means of support.
iv. They could be detained at any time, i.e. removed by force from their home or from Brand Street Reporting Centre.
Mr Sehryk and his 19 year old stepson Stepan were observed to become upset. Stepan in particular became animated and incredulous and asked “how do they expect us to survive on the street without any money or somewhere to live”. If one were to strip every basic human need from a person with good mental health it would be inhumane. But to tell a family with a clear fear of return as well as psychological issues would clearly be more than enough to tip them over the edge. I should make it clear that there are many others who are in the same position in Red Road and elsewhere in Glasgow.
8. Since the deaths, there has been much conjecture about the family’s circumstances and what drove them to kill themselves. While the UKBA stated that they would not comment “at this point in time”, an “unnamed” source leaked details to the press, at a time when questions were being asked about the asylum system. The source suggested the family was mentally ill hence the reason for their deaths. We do not know whether the source was political or from within the UKBA. Either way, the desired effect was to divert public scrutiny away from the UK asylum system as it operates on Scottish soil, and place the blame for the deaths on the Sehryk s themselves. What is utterly reprehensible is that the “unnamed source” effectively cherry picked the dead family’s asylum application to discredit them, when that family could not answer back. By highlighting Mr Sehryk’s psychological state, the subsequent press coverage gives a misleading impression that this tragic incident was somehow inevitable and that Mr Sehryk was to blame for the family’s deaths.
9. I am sorry to say that this explanation does not match up with our experiences of the Red road, or the wider asylum issues affecting our service users. In our experience, the service users we deal with do develop psychological issues as a result of the asylum process and this should be one of the focuses of the Fatal Accident Inquiry. Only a few of hours after the suicides we made it clear that it was “normal currency” for service-users to inform our staff that in their minds suicide was a viable alternative to being returned to unsafe countries. We believe GPs and mental health charities operating in Glasgow should be questioned about the extent of mental health problems amongst Glasgow’s refugee population relative to the rest of the city.
10. Since that time, we have stepped up our presence in the Red road and liaised with the Police and the local community. On Tuesday 9 March, one asylum seeker from Afghanistan informed us at the Vigil for the Sehryks “I wish I was one of them [the dead family]”. When asked why he was saying that, he replied, “at least their problem is over”. Another woman, one of our service users, said she fully identified with the family’s despair. She said she had tried to throw herself and her three year old son from her balcony at Red Road at two am in the morning. She said she could not go on any longer and could not leave her son behind because there was no-one to look after him. She opened her window and was trying to cut the anti-suicide wire with a knife with her son sleeping in her arms. Her son awoke suddenly and said to her “Mummy its cold”. She broke down crying and took her son to bed.
11. On Wednesday 10th March, Archbishop Conti wrote to us about the Sehryk family. He said, “I have been appalled time and time again at the way refugees, after several years residence here, are suddenly deported. During those years they have often forged relationships within the community, and people are ready to stand by them and support them and are deeply distressed when they suddenly disappear. The tragic case of the Russian family who jumped to their deaths from the Red Road Flats last weekend is a unique case but serves as a terrible reminder of the anguish faced, on a daily basis, by asylum seekers in the city. We must constantly examine our conscience as a society and ask whether we are fully respecting the dignity of the human beings who find their way to our shores. It is right that there be robust and clear rules in place to prevent abuses, but at the same time compassion must have a role, especially where children are concerned who have grown up here and have no memory of a land to which they face deportation … questions still need to be asked about the practice of stopping families’ already-meagre benefits and threatening them with eviction. It is far from humane that such families have to live in constant fear of their deportation; a more efficient and compassionate method with migrants and refugees is urgently needed”.
As a charity providing hundreds of pounds each week to destitute asylum seekers from the Red Road and elsewhere, we have seen first hand the inhumane practices endured by our service users and the depths of their despair at the prospect of being returned to unsafe conditions. It is our contention that the UKBA was culpable in this family’s deaths and could be culpable for others, unless their policy is changed. We believe that lessons need to be learned from the systemic failures in order to prevent such a tragedy happening again on Scottish soil, or anywhere else in the UK. Certainly we want to know how much of a role the family’s imminent destitution and threat of removal or detention played in their deaths. A Fatal Accident Inquiry would assist in informing future policy and decision making affecting the lives of hundreds of asylum seekers currently in Glasgow. I would finally add that this case has resulted in conjecture and rumour and it is in the public interest that this matter is investigated properly and the facts of this case made public. We do not want any more
suicides.
We would be pleased to provide documentary evidence to support our request for a Fatal Accident Inquiry, and supply any evidence which would help you to make a decision.
I look forward to hearing from you.
With best wishes and kind regards,
ROBINA QURESHI
DIRECTOR