SWEDEN HAS RECEIVED INTERNATIONAL CRITICISM OF THE CONDITIONS FOR INMATES HELD ON REMAND
5.4 Measures taken following international
criticism
During the 1990s, Sweden took measures to try to
address the problems that have attracted international attention. One change was
During the 1990s, that prosecutors now require
Sweden changed a court’s permission to impose
restrictions upon an individual
its rules and
regulations on the held on remand.10 Furthermore,
provision was introduced reuse of restrictions aquiring
prosecutors to motivate
to the court why he or she should be allowed to impose a
certain restriction.11
Concurrently, the possibility was also introduced for
individuals on remand to request that a court assess
whether a prosecutor’s arguments for the use of restrictions are well-founded or not.12 With the introduction of
the current Remand Prisons Act, the possibility to appeal
a court’s decision on the use of restrictions was also introduced (chap. 6 § 4, third paragraph HäL).
Following the CPT’s visit in May 2015, on 23 July of
the same year the government decided to commission a
special investigator tasked with submitting proposals aimed at reducing the use of both remand prison and restrictions. The inquiry took the name the Remand Prison
and Restrictions Government Inquiry and it submitted
its report Fewer in remand prison and reduced isolation
(SOU 2016: 52) in August 2016.
10 See chap. 24 § 5 a RB which was introduced by SFS 1993:1408. The provision
entered into force on 1 January 1994.
11 See chap. 24 § 14 second paragraph RB which was amended by SFS 1998: 601.
The new provision entered into force on 1 January 1999.
12 See § 17 of the repealed Act (1976: 371) on the treatment of inmates and
inmates and others, which was introduced by SFS 1998: 602. The provision is now
found in chap. 6 § 4 first and second paragraphs HäL.
5
The report proposes, inter alia, that alternatives to remand prison should be introduced in the form of house arrest and area arrest. The
The Remand Prison
report also contains a proand Restrictions
posal to introduce a limit on
how long an individual can Government Inquiry
be held on remand. The res- submitted its report
triction would mean that a
in August 2016
suspect, until prosecution is
brought, can be held on remand for a continuous period of six months. This time period can only be extended
further if deemed absolutely necessary. The corresponding period for a person under the age of 18 is proposed
in the report as three months. Again, this time period
should only be extended if deemed absolutely necessary. Similarly, the report proposed that the rule regarding
mandatory remand (two-year rule) should be removed
(chap. 24 § 1, second paragraph RB). Finally, the report
submitted proposals which obligates a court to consider
whether a prosecutor should be
At the beginning
granted permission to restrict an
individual held on remand’s con- of 2020, there had
tact with the outside world on been no changes to
the basis of four special restricthe legislation
tion categories. If a prosecutor
obtains such permission, a court is then obligated to state
in its decision the reasons for providing such.
With regard to the Prison and Probation Service’s work
with isolation-breaking measures, the report stated that
there is a need to legislate to ensure an inmate over the
age of 18 must always be entitled to at least two hours’ association with another individual every day. For inmates
under the age of 18, the time should be at least four hours
every day. In the report, the investigator stated that:
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