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
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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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