general observations in connection with inspections
30
serving a prison sentence and a placement within the prison service means
a much more perceptible restriction to freedom than a stay in a Migration
detention centre.23
The 2017 inspections show that
migration detainees placed with
the Prison and Probation Service
are still kept under considerably
worse conditions than detainees
placed in one of the Migration
Agency’s detention centres.
The Parliamentary Ombudsmen has also stated that remand prisons and
prison establishments are not a suitable environment for detainees.24 The CPT
has repeatedly criticised the conditions in Swedish remand centres and has
recommended that the authorities cease to place individuals detained pursuant to the Aliens Act with the Prison and Probation Service.25
The 2017 inspections prove that a detainee, placed pursuant to the Aliens Act,
with the Prison and Probation Service, is kept under considerably worse conditions than a person placed in a Migration detention centre. Those detained
within the prison service do not have the same opportunity to secure their
statutory rights. The Prison and Probation Service facility that best meets the
requirements in the legislation to the greatest extent, is the Storboda remand
prison. The remand prison has common facilities and good conditions for
catering for the rights of detainees, including spending time together in common facilities. At the other end of the spectrum there are, for example, the
Huddinge and Sollentuna remand prisons, where detainees often stay under
conditions applicable to those on remand with restrictions imposed. This means that a detainee may be locked up in a residential room for 23 hours a day.
Findings from the seven remand inspections in 2017 led to the Parliamentary Ombudsmen deciding, within the framework of an enquiry, to again
follow up on the matter and investigate what measures are required in order
to change the situation for migration detainees placed under the Prison and
Probation Service.26 Following the inspection of the Storboda remand prison,
the Parliamentary Ombudsmen noted that a previous Parliamentary Ombudsmen had stated that the best thing would be, for the Migration Agency,
to take on the responsibility for detainees who are not to be expelled after
having served a prison sentence, and that the Prison and Probation Service
could be relieved of this task.27 This question will be monitored within the
same enquiry.28
Follow-up of previous inspections
The Parliamentary Ombudsmen has stated that it would be reasonable to
request that detainees’ exercise yards are designed in such a way that it is
possible for the detainees to observe their surroundings. It is thereby unacceptable for exercise yards to be designed in such a manner that they become
23 JO 2011/12 p. 314, Ref. no. 6090-2009.
24 JO 2014/15 p. 216, Ref. no. 5529-2012.
25 CPT/Inf(2016) 1, p. 72.
26 Ref. no. 416-2017.
27 JO 2014/15 p. 216, Ref. no. 5529-2012.
28 Ref. no. 581-2017, enquiry ref. no. 277-2018.
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