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APPENDIX
Dnr O 7-2018 Page 8 (15)
collected manually in each individual case, which the agency has not
understood to be what the Parliamentary Ombudsmen requested.
The representatives of the Prison and Probation Service stated that inmates
who have neither restrictions nor decisions on placement in segregation should
freely associate with other inmates. There should be no inmates segregated with
no basis in law. Despite this, there is segregation with no basis in law within the
Prison and Probation Service and, as such, the agency violates Swedish law.
Following the Chief Parliamentary Ombudsman's statements in the owninitiative inquiry regarding the placement of inmates in segregation7, the issue
has received clearer attention within the agency. Today, each inmate must
receive an explanation as to why he or she cannot be offered an association
place and how the agency is working to change the inmate's situation. The
current requirements for providing information and preparing documentation
mean that inmates become aware of their rights. This approach is part of
making the situation visible to clients as well as to staff.
In response to a question from the Chief Parliamentary Ombudsman, the
representatives of the Prison and Probation Service stated that written
information regarding which laws and rules apply needs to be provided to
inmates. The agency has not yet planned to make changes to the information
sheet so that it informs inmates of their rights of association with other inmates.
In the opinion of the representatives of the Prison and Probation Service, being
segregated with no basis in law for a prolonged period may, in certain
circumstances, constitute inhuman treatment and constitute a violation of the
inmate's human rights. The Prison and Probation Service has described this
situation in an agency handbook.8 When drafting that statement, the agency has
only considered the objective that an inmate should receive at least two hours of
isolation-breaking measures that involve human contact per day. The objective
is in line with the recommendation made by the UN Special Rapporteur [on
torture and other cruel, inhuman or degrading treatment of punishment]. The
representatives of the Prison and Probation Service stated that they have not
reflected on whether its staff need support to be able to determine when a
prolonged period in segregation with no basis in law constitutes inhuman
treatment.
The representatives of the Prison and Probation Service stated that there are no
statistics kept on inmates in segregation with no basis in law support because
this group should not exist. They are included in the category inmates with
See the Parliamentary Ombudsmen 2018/19 p. 146.
See the Prison and Probation Service's handbook on association and segregation in
remand prisons, p. 17.
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