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NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2016
The right to information
All persons who are deprived of their liberty have a right to and need for good,
understandable information. Access to quality information allows detainees to
play an active role in safeguarding their own rights, in particular the right to
effective remedy. It is therefore important to ensure that necessary information
has been received and understood.
Good, up-to-date and accessible information can
increase the sense of security and prevent both
frustration and the risk of ill-treatment. National rules
and guidelines,¹ binding conventions under international law² and recommendations from international
monitoring bodies³ underline how important it is
for persons deprived of their liberty to receive the
information they need and have a right to.
During the period 2014–2016, the Parliamentary
Ombudsman’s National Preventive Mechanism (NPM)
made 29 visits to police custody facilities, prisons, immigration detention centres, child welfare institutions
and mental health care institutions for children and
adults. In connection with its visits, the Parliamentary
Ombudsman investigated whether those deprived of
their liberty received information about their rights
and about procedures and rules that they need to
understand to adapt to life at the institution. Another
focus area has been whether everyone, regardless
of language skills, has received the necessary
information in a language they understand.
Police custody facilities
The NPM visited six police custody facilities during
the period 2014–2016. Based on evidence collected
during these visits, the NPM made recommendations
related to the right to information. According to the
law, detainees shall be informed as soon as possible
about the grounds for detention, and about their
rights and duties.4 The Parliamentary Ombudsman
recommended to all custody facilities that detainees
be provided with both written and oral information
about their rights, in a language they understand,
as soon as possible after their detention. It has also
been specified that this should be documented in
the custody log. Further it has been recommended
that all detainees sign a declaration confirming
that they have been informed about their rights in a
language they understand. The European Committee
for the Prevention of Torture (CPT) made a similar
recommendation after its visit to Norway in 2011.5
The Norwegian authorities replied that they would
follow up the recommendation. None of the police
custody facilities that the NPM visited during the
period 2014–2016 had procedures to follow up the
CPT recommendation.
1 See, inter alia: The Regulations relating to police custody facilities Section 2-10, Guidelines to the Execution of Sentences Act
Sections 3.4 and 4.1(a), the Patient and User Rights Act Section 3-2, the Regulations relating to rights and the use of force in child
welfare institutions Section 7. Circular Q-19/2012 Guidelines to Regulations of 15 November 2011 relating to rights and the use of
force in child welfare institutions (the Rights Regulations).
2 The UN International Covenant on Civil and Political Rights Article 9 (2), the European Convention on Human Rights Article 5 (2).
3 See, inter alia, the UN Standard Minimum Rules for the Treatment of Prisoners, Article 35; CPT Standards, p. 8, paragraph 16. The
UN Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules) IV B. The European Prison Rules, Rule 30.1.
The Bangkok Rules, Rule 2, and the Mandela Rules, Rules 54 and 55.
4 The Regulations relating to police custody facilities Section 2-10, and the Norwegian Police Directorate’s circular 2006/14, Section 6.
5 The CPT’s visit to Norway, CPT/Inf (2011) 33, page 14, paragraph 17.
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