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SUMMARY
1 Summary
Since 2017, the Parliamentary Ombudsmen’s work under Opcat have had a
special focus on the situation for inmates in the Prison and Probation Service’s
remand prisons. In addition to conducting a number of inspections of remand
prisons, the Chief Parliamentary Ombudsman has held a dialogue meeting
with representatives of the Prison and Probation Service. At the meeting, the
Chief Parliamentary Ombudsman addressed issues concerning inmates’ rights
of association with other inmates and the Prison and Probation Service’s work
with the use of isolation-breaking measures. The Chief Parliamentary Ombudsman commented upon these issues in a decision on 5 February 2020.
Inmates in remand prisons have a right of association with
others
An inmate has the right to associate with other inmates during the day. In the
Chief Parliamentary Ombudsman’s opinion, this means that an inmate has
the right to associate with several other inmates. This fundamental right can
be limited by both prosecutors’ restrictions and/or a decision to segregate an
inmate. A denied right of association with other inmates may result in the
inmate being isolated, or as often referred to in international standards, held
in conditions amounting to solitary confinement. Isolation can lead to both
mental and physical problems.
Solitary confinement is defined as the confinement of an inmate for more
than 22 hours a day without meaningful human contact. An inmate is considered as being the subject of prolonged solitary confinement if he or she has
been isolated for a period exceeding 15 days.
The majority of inmates in Swedish remand prisons are held
in conditions amounting to solitary confinement
The Prison and Probation Service has great difficulty in achieving its own
objective that inmates with restrictions should have the opportunity for two
hours of isolation-breaking measures per day. In addition, the agency does
not fully achieve this objective in relation to inmates without restrictions who
have a right of association with other inmates during the day. The Prison and
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