theme for 2016: information about rights of those deprived of their liberty
The inspections of police custody facilities in 2016 proved that there were
deficiencies in these respects. In some police custody facilities, it was noted
that only in exceptional cases a record was made of written information being
provided to persons taken into custody in accordance with the Care of Intoxicated Persons Act. It was also noted, in several cases, that individuals deprived of their liberty had not been asked whether relatives should be informed
of them being taken into custody. Several police custody facilities did not
have procedures for making a record of whether the question of informing
others had been asked.2 In one of the police custody facilities inspected there
were procedures to register if information had been provided. It was, however, a failure not to register when this information had been provided.3
The Police Authority has produced a special form on which policy custody
staff must document that a detainee in the custody facility has received information about his or her rights, been asked whether relatives are to be informed, received information about daily procedures in the custody facility, been
informed about any restrictions and, as regards aliens, been informed of the
right to contact an embassy or consulate. It must also be stated in the form
who provided the information and when.
Following the inspections performed, the Police Authority has
produced a special form on which
the police custody facility staff
must document that a detainee in
the police cells has received information about his or her rights.
Remand prisons
In connection with inspections at seven remand prisons in 2017, it was
noted that there were also shortcomings in the information given to individuals deprived of their liberty. As stated by the Parliamentary Ombudsmen,
this group of individuals are also entitled to be informed of their rights in a
language they understand, in writing. During 2018, the Prison and Probation
Service has reported back to the Parliamentary Ombudsmen and stated that
the Prison and Probation Service has access to an information folder, that
informs detainees of their rights, and that this has been translated into eight
of the most common languages, within the prison service. The authority has,
together with the Migration Agency, produced information material aimed at
detainees placed in the prison service. According to the Prison and Probation
Service, it has been noted that there are deficiencies in providing the information in question, and informing detainees of the local procedures at a place of
operation. For this reason there continues to be a need to clarify the procedures that apply centrally within the authority.4
Migration detention centres
Persons placed in the Migration Agency’s detention centres must be informed
of their rights as a detainee. The detainee must also be informed of his or
2 The police custody facilities in Alingsås, Eksjö, Gothenburg, Helsingborg, Kristianstad, Malmö, Motala, Oskarshamn, Skellefteå,
Sollentuna, Strömstad, Trollhättan and Uddevalla.
3 Ref. no. 3903-2016.
4 Ref. no. 416-2017.
The Prison and Probation Service
has, together with the Migration
Agency, produced information
material aimed at detainees placed
in the prison service.
53
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