THE PARLIAMENTARY OMBUDSMEN’S INSPEC TIONS OF REMAND PRISONS 2015–2019
an inmate’s opportunity to associate with other inmates are made through decisions that have explicit
legal support. The regulation should, for example,
state how long such a placement can last. There
should additionally be an obligation to review decisions at specific time intervals. In my opinion, the
Remand Prisons Act and the system now applied
by the Prison and Probation Service have obvious
shortcomings, and it is therefore important that the
law is amended.”41
During the inspection of the Helsingborg Remand Prison, it was also revealed that the remand prison did not
make any segregation decisions when inmates with restrictions were placed in the remand prison’s observation
department. The reason for the placement was instead
simply noted down.42
In the above-mentioned
All limitations to the
decision, the Chief Parright of association
liamentary Ombudsman
with other inmates must stated that there may be
be explicitly provided situations where the Prison and Probation Serfor in legislation
vice is obliged to make a
decision to segregate inmates who are subject to restrictions. The agency must make a decision on segregation if
the restrictions set by a prosecutor are not deemed sufficient to maintain security. In the opinion of the Chief
Parliamentary Ombudsman, this arrangement, whereby
different remand prisons have different routines for if
and when a segregation decision is made, constitutes a
serious shortcoming. For this reason, legislation needs to
41 See the Parliamentary Ombudsmen 2018/19 p. 146, dnr 5969-2015.
42 See the Parliamentary Ombudsmen’s report dnr 4632-2015 p. 15.
8
be clarified on how the prerequisites for the Prison and
Probation Service’s decisions on placing inmates in segregation relate to the restrictions set by a prosecutor.43
There can, for example, be reasons to take a decision to
segregate for security reasons as it is deemed necessary
to restrict the amount of equipment in an inmate’s cell.
This is only possible by placing the inmate in segregation.44
During the inspection of the Helsingborg Remand Prison, it emerged that a female inmate – who was undergoing methadone treatment – had been placed in the
remand prison’s restriction department initially due to
the fact that she had been given restrictions. When the
restrictions were lifted, she was still placed in the same
department. The remand prison had informed her that
she was not allowed association with other inmates due
to her ongoing treatment. During the inspection, she
had been placed in the restriction department without
restrictions for two months. The reason for this was that
the remand prison had a policy which meant that inmates undergoing methadone or substitution treatment
should not associate with others. Based on this finding,
the Chief Parliamentary Ombudsman stated, inter alia,
the following:
“At the time when the restrictions were lifted, the
inmate […] should have been given the opportunity to associate with other inmates during the day,
provided that it had not been judged necessary for
security reasons for the inmate to be segregated. In
such a case, the remand prison would have made a
decision on this. The Remand Prisons Act provides
43 See the Parliamentary Ombudsmen 2018/19 p. 146, dnr 5969-2015.
44 See chap. 1 § 17 FARK Prison and the Parliamentary Ombudsmen 2013/14
p. 287, dnr 4507-2012.
– 55 –
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