2 REMAND Prior to the meeting the Parliamentary Ombudsmen had with representatives of the Prison and Probation Service in March 2019, the Parliamentary Ombudsmen requested that the Prison and Probation Service provide information on how many of the inmates in the country’s remand prisons on 7 February 2019 were subject to restrictions. According to the Prison and Probation Service, there were – based on preliminary statistics – 2,215 inmates in remand prisons on that date. Of these, 1,914 were held on remand and a total of 1,068 inmates had some form of restriction imposed. This means that 56 per cent of inmates held on remand, or 48 per cent of all inmates, had restrictions imposed upon them.8 2.5 The Prison and Probation Service can deny an inmate the right of association with other inmates As stated above, an inmate – except when a prosecutor has imposed restrictions – can also be denied association rights if he or she is to undergo a body search or is placed in a different custodial room or facility than in a remand prison and, as such, there are no practical conditions allowing for association (chap. 2, § 5 1 and 3 HäL). A court is able, in certain cases and upon a prosecutor’s request, to decide that an inmate should be placed in a facility which is not a remand prison (chap. 24, § 22, second paragraph RB). Finally, the Prison and Probation Service can decide to limit an inmate’s right of association. Such a decision on segregation may be taken if deemed necessary due to safety and security reasons (chap. 2, § 5, 2 HäL). It can be necessary, for example, to keep an inmate segregated 8 See the Parliamentary Ombudsmen’s report dnr O 7-2018 pp. 2 and 3. from other inmates due to a risk of escape or if an inmate is violent or under the influence of drugs.9 Similar provisions are found in the Prisons Act. Unlike the Remand Prisons Act, the Prisons Act stipulates that decisions on segregating an inmate must be reviewed with a degree of regularity.10 Segregation in accordance Prior to the meeting that the Parliamenta- with the Remand Prisons ry Ombudsmen had Act needs not be reviewed with representatives within a specific time of the Prison and Probation Service in March 2019, the Parliamentary Ombudsmen requested that the Prison and Probation Service provide information on how many inmates in the country’s remand prisons were placed in segregation on 7 February 2019. The Prison and Probation Service stated that it is not possible to obtain such information from the agency’s digital system.11 9 See prop. 2009/10:135 p. 186. 10 See chap. 6, § 7 of the Prisons Act, which states that a decision to keep an inmate in segregation due to the risk of escape must be reviewed as often as there is reason to do so, but at least every ten days. Furthermore, it follows from the same law that an inmate who is violent or drunk can only be kept in segregation temporarily. 11 See the Parliamentary Ombudsmen’s report dnr O 7-2018 pp. 2 and 3. – 22 –