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any real access to an efficient medical assistance
complaints procedure. On a general basis, the way in
which the health service is organised in Norgerhaven
Prison, whereby the health personnel are employed
by the prison, increases the risk of role confusion,
particularly in relation to the health personnel’s involvement in the prison’s decision-making processes
on coercive measures.
During the visit, several findings were also made
that indicate that the execution of sentences in
Norgerhaven Prison does not adequately facilitate
inmates being released back into society. The
education offered in the prison is not adapted for
inmates who require upper secondary and higher
education, and the inmates’ actual opportunity for
receiving visits from family and friend is severely
limited. The postal scheme in Norgerhaven Prison
also makes it difficult for inmates to send and receive
post. It was also found that that language challenges
and the staff’s lack of knowledge of the Norwegian
regulations and practice have a negative effect on
the serving of sentences.
The inmates’ personal progression while serving
is complicated by the long processing times for
applications for parole and transfer to less restrictive
prisons. The long processing times for applications
was a major source of frustration among the inmates
the Ombudsman spoke to during its visit. There was
a general consensus among the inmates that it was
more difficult to be granted parole from Norgerhaven
Prison than from prisons in Norway. Nor do the inmates at Norgerhaven receive a preliminary response
to their applications as required under Norwegian
law. The fact that the prison did not provide sufficient
information during consideration of the cases seems
to have further increased the inmates’ frustration, in
that they cannot to any great extent plan the serving
of their sentence and release back into society.
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2016
The overall findings made during the visit show that
being transferred without consent to another state
to serve a Norwegian sentence constitutes a major
intervention in the inmates’ lives. It also gives cause
for concern that inmates who have extensive needs
for medical assistance, young inmates and inmates
who are not proficient in English are transferred, irrespective of whether or not this takes place voluntarily.
During the visit, an assessment was also made of how
the inmates’ rights and welfare are safeguarded at
Norgerhaven Prison, in areas considered less directly
affected by a sentence being served in another state.
Findings were made in these areas which, in the view
of the Ombudsman, seen in isolation safeguard the
inmates' rights more expediently than if they had
served their sentences in Norway. Among other
things, the Dutch authorities are obliged pursuant
to the agreement to ensure that inmates have set
times for daily contact, which does not apply in the
Norwegian Execution of Sentences Act. It emerged
in interviews with the inmates that they felt that they
spent more time outside their cells and had greater
freedom of movement during the day than they had
had in Norwegian high-security prisons. The Ombudsman noted that the inmates at Norgerhaven Prison,
in contrast to the ordinary routine in a Norwegian
prison, were not locked in their cells when they did not
want to take part in organised leisure activities. The
opportunity to have contact with next of kin, lawyers
and others via video conference programs is another
positive scheme, and the Norwegian Correctional
Service should consider introducing it as a general
scheme. The inmates were largely happy with how
the prison facilitated contact via the phone and Skype,
although a number of them pointed out that they did
not regard it as adequate compensation for poor visit
opportunities.
Relations between staff and inmates generally
appeared to be good. A clear majority of the inmates
described the Dutch staff in a positive way. The
feedback from inmates and the visit team’s own
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