general observations in connection with inspections
a placement in isolation was not deemed necessary, gave the Parliamentary
Ombudsmen the impression that the staff at the detention centre in Kållered
had decided, from the outset, to put the detainee is a safety placement with
the Prison and Probation Service. A placement within the prison service
means a more perceptible restriction to freedom for the detainee than if he or
she were placed in a detention unit. According to the Parliamentary Ombudsmen, the coercion exercised against a detainee should be as mild as possible
and, in principle, resemble a staircase where a restriction of the freedom of
movement and isolation should precede a safety placement. In order to facilitate such a scrutiny, the detention units must have access to suitable areas for
isolation placements.70
According to the authority’s procedures, staff from the Migration Agency
must visit detainees in security placements within the prison and remand
prison service. There is no statutory obligation for the authority to reconsider
such a decision. The Parliamentary Ombudsmen has previously asked for
such regulations and has encouraged the Migration Agency to ensure, while
awaiting an amendment, that the guidelines for visits to remand centres are
adhered to and to ensure that there are procedures for how the conditions
for a review are to be investigated.71 During the inspection of the detention
centre in Gävle, it was established that there are still uncertainties regarding
these matters. It also emerged that there were no central instructions for the
Migration Agency or any local written procedures for carrying out visits to
remand prisons.72 During the inspection of the detention centre in Kållered, it
was established that the authority had produced such procedures. The Parliamentary Ombudsmen stated that the procedures needed to be supplemented
with a description of the situations in which a visit to a remand prison can be
cancelled.73
Since there are still no legal provisions on the obligation to review decisions
on safety placements, the Parliamentary Ombudsmen sent a copy of the inspection report to the Ministry of Justice.
Access to medical care
County councils must also offer aliens held in detention, and who have
reached 18 years of age, care that cannot be deferred, as well as maternity
welfare. County councils must also, unless deemed unnecessary, offer aliens
kept in detention a health examination as soon as convenient. On previous
occasions, the Parliamentary Ombudsmen has stressed the importance of having medical staff at the detention centre and actively working on the issue of
entitlement to health care. The CPT has also recommended that Sweden take
70 Ref. no. 1000-2017.
71 JO 2011/12 p. 314, Ref. no. 6090-2009.
72 Ref. no. 4831-2016.
73 Ref. no. 1000-2017.
43
The detention centres must have
access to suitable areas for isolation placements.
The Parliamentary Ombudsmen
has previously requested an
amendment to the law on the
obligation to review decisions on
safety placements, and urged the
Migration Agency to ensure, while
awaiting an amendment, that guidelines for visits to remand prisons
are adhered to and to ensure that
there are procedures for how the
conditions for a review are to be
investigated.
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