general observations in connection with inspections
27
the situation for this group of detainees. In 2015, the thematic direction of the
OPCAT unit was female inmates in the prison service (see also Section 4). A
total of 18 inspections of remand prisons and establishments were carried out
during 2015–2017. Several of these were follow-ups to earlier inspections.14
Isolation of persons held on remand
A basic right for those held on remand and who have no restrictions imposed
by the prosecutor is that they be given the opportunity to spend time with
other detainees (association). Spending time with other detainees fulfils an
important function in preventing the negative consequences that being deprived of one’s liberty could have for an individual. The Prison and Probation
Service may, however, decide under certain restrictions established in law,
that a detainees should be kept separated from other detainees, where this is
deemed necessary for reasons of safety.
A prosecutor may be given permission by a court to impose restrictions on
those on remand. These restrictions could mean that a person on remand is
not allowed to spend time with other detainees. For a relatively long period
of time (since the beginning of the 90s), Sweden has received international
criticism for its widespread use of restrictions.15
During an inspection in 2017, it was noted that a large percentage of detainees, who had no restrictions imposed on them, were placed in various
remand prisons’ restricted places, and thereby not given the opportunity to
spend time with other detainees.16 The Parliamentary Ombudsmen has emphasised that the Prison and Probation Service has the ability to control the
situation by transferring detainees to remand prisons where it is possible to
spend time with other detainees, and thereby prevent the majority of situations where detainees cannot use common facilities. It has also been noted
that the Prison and Probation Service has not fully taken into account the
Parliamentary Ombudsmen’s opinion that the lack of resources or inability to
differentiate detainees is not an acceptable reason for keeping a detainee separate from other detainees. According to the Parliamentary Ombudsmen, it is
not acceptable that a detainee is not given the opportunity to spend time with
other detainees, for organisational or other reasons, over which the detainee
has no influence.17
14 Follow up inspections were carried out at the remand prisons in Gävle, Helsingborg, Huddinge, Kronoberg, Umeå, Västerås, Ystad
and Östersund and the prison establishments at Färingsö and Ljustadalen.
15 CPT/Inf(2016) 1, p. 48–53.
16 At the Huddinge remand prisons, 31 out of a total of 71 inmates who had no restrictions imposed on them were placed in a restricted section. At the Sollentuna remand prisons, the equivalent figure was 35 out of 123 inmates. At the Kronoberg and Gävle remand
prisons, 44 and 17 detainees respectively who did not have restrictions imposed on them were placed under the same circumstances
applying to detainees with restrictions.
17 The Parliamentary Ombudsmen’s decision of 14 June 2018, ref. no. 5969-2015.
... a large percentage of the
detainees who had no restrictions
imposed on them received a
restricted placement in various
remand prisons and were thereby
not given the opportunity to
spend time in common facilities.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents