Visits in 2016 Norgerhaven Prison 19-22 September 2016 Norgerhaven Prison is situated in Veenhuizen in the northern Netherlands. The prison has a capacity of 242 male inmates. Norwegian authorities have entered into an agreement with the Dutch authorities to rent the prison for a three year period, starting 1 September 2015. In this period, Norwegian convicted inmates can be transferred to the prison for execution of their sentence there. The Norwegian Execution of Sentences Act was amended to open for execution of sentence in another state. Main findings The establishment of a scheme for convicted persons to serve their sentences under Norwegian law in another state creates new kinds of challenges for safeguarding inmates’ rights. Such execution of sentences does not relieve Norway of its duty to prevent human rights violations, and it is vital to ensure that a legal vacuum does not arise whereby the protection of inmates’ human rights is undermined as a result of an unclear division of responsibility between two states. On this basis, the Parliamentary Ombudsman had a special focus during its visit on the risk of violation of the prohibition of torture and ill-treatment linked to Norgerhaven Prison serving as a Norwegian prison in another state. Findings from the visit showed that inmates transferred to Norgerhaven Prison are not guaranteed adequate protection against torture and inhuman or degrading treatment. In line with Norway's commitments under the UN Convention against Torture, it is particularly problematic that the Norwegian authorities will not be able to initiate investigations of any suspected violations of the prohibition against torture and ill-treatment. The obligation to investigate, prosecute and punish violations of the convention is at the core of the convention, and follows from 39 international customary law. The agreement between Norway and the Netherlands, the prerequisites for transfer of inmates for execution of sentence outside Norway’s borders and finding from the visits, suggests that Norwegian authorities have an independent obligation to investigate, prosecute and punish any violations of the convention. It is also problematic that in certain situations, official bodies from another state are able to use weapons and coercive measures against inmates who have been transferred to the Netherlands to serve their sentences. From a preventative point of view, a solution of this kind, in which the Norwegian authorities are excluded from maintaining their responsibility to protect inmates, entails a risk of torture and inhuman treatment. It emerged that the Norwegian Correctional Service has established a procedure whereby inmates transported by plane between Norway and the Netherlands shall be made to use a BodyCuff restraint. This is not an acceptable practice. The use of a coercive measure, including during transport, shall only be used following an individual risk assessment. Nor were the inmates ensured access to an efficient complaints scheme for incidents that occur during transport in the Netherlands. A satisfactory review was lacking of how inmates’ patient rights are safeguarded under Dutch health legislation. The inmates’ access to their own patient records, a right inmates would have under Norwegian law, is substantially limited in that they are written in Dutch. It gave cause for concern that some inmates who had been transferred voluntarily had extensive and, in part, complex health challenges. This included, among others, inmates in opioid substitution treatment for drug dependency. Findings during the visit indicated that the medical assistance complaints procedure for the inmates in Norgerhaven Prison is unclear and complicated. In the Ombudsman’s view, the inmates do not have

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