APPENDIX Dnr O 7-2018 Page 10 (21) statistics. The agency conducts surveys of the use of isolation-breaking measures seven times a year. On these occasions, the Prison and Probation Service also performs surveys of, and reports on, measures taken that does not involve inmates having any human contact. This is time inmates spend outside their cells, for example in an exercise yard or in a gym. If an inmate is alone in an exercise yard, this is, in my opinion, not an isolation-breaking measure and it should therefore not be reported as such. This type of measure should instead be reported as some form of change of environment for an inmate. The Prison and Probation Service divides the results of its surveys into two categories of inmates: inmates with restrictions and inmates without restrictions. According to the Prison and Probation Service's annual report, the first category – in addition to inmates with restrictions imposed by a prosecutor – also includes inmates who have limited opportunities to associate with other inmates due to decisions by the Prison and Probation Service.22 I have understood the wording as referring to inmates with a decision on placement in segregation imposed upon them. At the dialogue meeting in March 2019, however, the representatives of the Prison and Probation Service provided information of a partly different meaning. At the meeting, the Prison and Probation Service stated that the category of inmates with restrictions also includes inmates segregated with no basis in law and inmates placed in association places that are not located in association departments.23 Considering that the category of inmates without restrictions in the 2018 annual report consists of almost 5,000 inmates, it does not however seem likely that the category only refers to inmates who are placed in an association department.24 Although it, therefore, seems most likely that the category inmates without restrictions includes inmates both in association places and in association departments, I have not succeeded in clarifying which inmates are actually included in the two categories. Regardless of this, I am able to note that all inmates who are included in the category inmates without restrictions have a legal right to associate with other inmates during the day. However, it cannot be ruled out that the category inmates with restrictions also includes inmates who have such a right. In such cases, this would be inmates who are segregated with no basis in law. According to the Prison and Probation Service, there are uncertainties in the agency's own surveys of the use of isolation-breaking measures. The results are based on surveys conducted on relatively few occasions, and for this reason comparisons between years should be made with great caution. There are also 22 23 24 See the Prison and Probation Service's annual report 2018 p. 31, footnote 23. See the Parliamentary Ombudsmen’s report dnr O 7-2018 p. 7. See the Prison and Probation Service's annual report 2018 p. 136. – 91 – C