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APPENDIX
Dnr O 7-2018 Page 19 (21)
measures. A continuous recording of the extent to which inmates receive
isolation-breaking measures is necessary for the Prison and Probation Service to
be able to follow the work over time and for its staff to be able to identify
inmates who are at risk of being isolated. For this reason, it is very important
that the Prison and Probation Service has such a system in place and that it is
used correctly. This opinion is now shared by the Prison and Probation Service,
but the work of developing the new support system has, as far as I know, not yet
begun. As the need to be able to follow the work with the use of isolationbreaking measures is so great, the estimated production time of five years
appears to be unacceptably long.
In this context, I would like to highlight the fact that the Prison and Probation
Service, in its statistics on the use of isolation-breaking measures, also reports
the amount of time that inmates placed in an association department and
association place spend outside their cell.43 I have mentioned above that I think
it is wrong to discuss the use of isolation-breaking measures in relation to this
group of inmates, as they already have a statutory right to associate with other
inmates. In addition, the statistics will be misleading. However, I have also
found that the Prison and Probation Service, due to structural shortcomings,
additionally finds it difficult to satisfy inmates' basic rights of association with
one another. As long as these shortcomings remain, there is a need to
additionally report to what extent the agency complies with this right.
Need for legislative amendments
The investigation in this case shows that the Prison and Probation Service does
not satisfy inmates' statutory rights of association and that inmates are kept
isolated. In order to rectify this unacceptable situation, efforts for change need
to be initiated immediately. An important step in this work is, in my opinion, a
review of both the Prisons Act and the Remand Prisons Act's provisions on
association. Measures must be taken to ensure that inmates’ rights to daily
association with one another become entrenched in practice as the norm within
the operations of the Prison and Probation Service.
Firstly, a definition of the concept of association with other inmates should be
introduced into both the Remand Prisons Act and the Prisons Act. In my
opinion, this is necessary to ensure this right is not given an arbitrary meaning. I
think a reasonable premise is that association means that one inmate spends
time with several other inmates.
In order for the right of association with other inmates to be meaningful, the
legislation also needs to state the extent to which inmates have the right to
associate with other inmates during the day. Since this is a fundamental right, in
43
See the Parliamentary Ombudsmen’s report dnr O 7-2018 p. 9.
– 100 –
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