general observations in connection with inspections
24
assessment, and instead leave such assessments to a doctor. Incorrect assessments of the state of health of a person taken into custody could have very
serious consequences.7
During 2015–2017, it was noted that there are great differences between
police custody facilities regarding access to health and medical care for those
deprived of their liberty. Some of the larger facilities are staffed with a nurse,
while smaller facilities are instructed to contact the national health service
when necessary. These circumstances also mean that the Parliamentary Ombudsmen will continue to follow up on the matter. At one of the police custody facilities inspected, it was established that there was no service description
or instructions for the nurse, which was, in the opinion of the Parliamentary
Ombudsmen, unsatisfactory. The Parliamentary Ombudsmen also concluded
that it was a problem that staff members, other than health and medical care
personnel, were present during health examinations of detainees. During a
follow-up inspection just over a year later, it was established that procedures
had been introduced for the nurses and that the police had stated that they
would attempt to safeguard the integrity of the inmates and the safety of the
nurse through, for example, health discussions.8
Right to clothes
Sometimes it can be the case that individuals deprived of their liberty are
placed in a cell without any clothes because the Police Authority has assessed
that the inmate is demonstrating self-harming behaviour.
The Parliamentary Ombudsmen
has previously stated that it is not
acceptable to allow a person to
stay in police custody facilities
without clothes for a long time.
The measure is intended to prevent self-harming actions. The Parliamentary
Ombudsmen has previously stated that it not acceptable to allow a person
to stay in police custody facilities without clothes for a long time.9 Such
measures should therefore only be taken in a more acute situation, if the
inmate continues to demonstrate a behaviour which can be a risk to himself/
herself, and if so, he or she should be examined by a doctor. The Parliamentary Ombudsmen has also directed criticism towards the authority when an
inmate staying in a cell under such conditions has not been given a blanket
for cover.10
For the last few years, the Police Authority’s general advice has been that a
detainee should always have something to cover himself/herself up with, and
a detainee should not spend time in police custody facilities, without clothes,
for a longer period of time than necessary, in regards of the detainee’s safety.
Despite the general advice, it has been noted in a number of cases, during
the past inspection period, that detainees have been placed in a cell without
clothes and not had access to anything to cover themselves with.11
7 JO 2018/19 p. 352, Ref. no. 2468-2016.
8 Ref. nos. 5544-2016 and 6464-2017.
9 Ref. no. 6237-2012.
10 JO 2017/18 p. 244, Ref. no. 2817-2015.
11 Ref. nos. 3241-2016, 3240-2016, 3902-2016, 3903-2016, 6361-2016 and 6363-2016.
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