5 SWEDEN HAS RECEIVED INTERNATIONAL CRITICISM OF THE CONDITIONS FOR INMATES HELD ON REMAND In May 2015, the CPT visited, inter alia, the remand prisons Falun, Kronoberg, Malmö, Saltvik, Sollentuna and Växjö. In the report following the visit, the Committee stated that, since its first visit to Sweden in 1991, it had criticised Sweden for the widespread use of restrictions. Despite this, the Committee noted that the number of inmates held with restrictions imposed has only decreased by two per cent over a five-year period. The Committee then stated the following: should, as a rule, be able to spend at least eight hours a day outside their cells. In connection with this, inmates must be given the opportunity to engage in constructive activities of a varied nature (work, education, vocational training, sports, etc.).8 The CPT again recommended that the Swedish authorities: ”[T]ake swift and decisive action, including if necessary legislative changes, to ensure that restrictions on remand prisoners are only imposed in exceptional circumstances which are strictly limited to the actual requirements of the case and last no longer than is absolutely necessary. Furthermore, the Committee calls upon the Swedish authorities to radically improve the offer of activities for remand prisoners. The aim should be to ensure that all such prisoners are able to spend at least 8 hours per day outside their cells, engaged in purposeful activities of a varied nature: work, preferably with vocational value; education; sport, recreation / association […]. This may require changes to the physical infrastructure of prisons.”9 ”The fact that this practice [the use of restrictions] continues almost unabated after 24 years of ongoing dialogue between the CPT and the Swedish authorities and that there are no real signs of progress is most regrettable for the Committee. Moreover, the newly adopted Instructions and Guidelines [RåR 2015: 1] do not seem to be able to bring about the desirable change since they limit themselves to providing clarification necessary to ensure consistency in the application of the existing legislation.”7 During the 2015 visit, inmates whom the Committee spoke with disclosed that being held on remand for long periods had a serious impact In the CPT’s view, on their mental health. The in 24 years there has CPT noted that these probeen no change for blems were exacerbated by the high level of security in the better the three high-security remand prisons visited by the Committee (Kronoberg, Malmö and Sollentuna). The Committee then stated that there must be a fundamental change to the Swedish approach on the use of restrictions. According to the CPT’s standard, all inmates in prisons and remand prisons 7 See CPT / Inf (2016) 1 para 51. Following the submission of the CPT’s report of its 2015 visit, high-level talks between the CPT and the Government of Sweden took place. The most important purpose of the discussions was the implementation of the long-standing recommendation from the CPT that Sweden must sharply reduce both the time during which it is possible to hold individuals on remand with restrictions and the extent of such restrictions. This issue was followed up within the framework of the Parliamentary Ombudsman’s Opcat operations in 2017 (see section 8). 8 9 – 30 – See CPT / Inf (2016) 1 para 52 and 53. See CPT / Inf (2016) 1 para 53.