When deciding on restrictions in an individual case, the court should weigh the necessity to impose the restriction and
seriousness of the alleged harm to the investigation against the circumstan ces of the individual concerned .
In the context of each fortnightly review of the continuation of remand custody, the necessity to continue to impose
restrictions should be considered as a separate item. Restrictions should be lifted immediately when the grounds for t
heir imposition no longer exist .
The decision to impose specific restricti ons should be subject to appeal .
The detainees should be informed in writing about the form of restrictions and about the reasons for them, as well as
about the possibilities to challenge the court ’ s decision .
123.In SPT’s view, the rules regarding restrictions should be applied in a uniform manner throughout the country and
restrictions should be used as exceptional means rather than the rule. Furthermore, the current absence of
systematically collected data on the application of restrictions and their effects makes proper oversight of this
phenomenon impossible. Systematic gathering of official statistics would enable the authorities to analyse the application
of the rules relating to restrictions and its variations across regions. To ensure uniform and appropriate application of
the legislation relating to restrictions, the SPT recommends that :
Clear guidelines be established on the application of restrictions for both District C ourt judges and for prosecutors .
Prosecutors and judges be provided with training on the rules and good practice regarding restrictions .
The heads of the Local Public Prosecution Offices should exercise strict oversight of the requests for restrictions made
by individual prosecutors .
Systematic gathering of official statistics be introduced, concerning the use of restrictions, including the number of
persons held under restrictions, the type of restrictions imposed, regional distribution and the time period held under
restrictions. These statistics should be analysed and made available to all relevant stakehold ers .
124. The SPT requests information on the result of the analysis of the information given by the Public Prosecution
Offices on the number of persons detained in 2008 and on number of persons held under restrictions, and on any draft
legislation aimed at reviewing of the system of imposing restrictions.
125.As there are situations where imposing restrictions may be necessary, particular attention should be paid to the regime enjoyed
by detainees held under restrictions. In SPT’s view, in this respect the main problem is isolation: the time spent outside cells, including
outdoor exercise, and contacts with outside world are limited, and staff have little or no time to talk with the detainees. It is also
difficult to offer educational, work or other activities for this category of persons. In addition, the lack of information on the progress
of the investigation process as well as on the reasons for restrictions may adversely affect the well-being of a detainee. The SPT notes
that these concerns were shared by Kriminalvården as well as by the senior officials and staff working in the remand prisons visited.
126.Although under the section „general advice” of chapter 3 section 1 (gemensam vistelse) of the Remand Regulations and under
Chapter 4 Section 6 (besök) there are reference to the practice of negotiating with the prosecutor about provisional lifting of the
restrictions in an individual case, this seems to be an ad-hoc practice applied by the staff working in the remand prison rather than a
formally established administrative procedure. In SPT’s view, application of such practices designed to alleviate the effects of
isolation which directly relate to the well-being of detainees held under restrictions should not depend merely on the good will and
understanding of staff.
127.Prolonged stays under restrictions in a remand prison, with limited contact with the outside world and especially
without the possibility of association, may not only have detrimental psychological effect on the detainees concerned but
also negatively influence the management and conditions of prison life. In certain circumstances it can even amount to
inhuman and degrading treatment. To prevent the adverse effects of prolonged isolation the SPT recommends that :
The practice of discussing with the prosecutor provisional lifting of the restrictions in an individual case be more firmly
establ ished in the law or regulations .
All staff members working in direct contact with the detainees be provided with training to recognize possible symp toms
of stress due to isolation .
The detainees be offered wider opportunities to use the facilities available for work, exercise, and other activities, either
in or outside the cell. The one hour time for daily outdoor exercise should be seen as a minimum time guaranteed for all
detainees, includin g those held under restrictions .
The opportunities be increased for detainees to discuss with outside volunteers and staff members as well as to associate
with a limited number of other detain ees .
4. Material conditions
128.State of repair of the cells in remand prisons visited were of a very good standard in all establishments visited, and especially in
the new remand prison in Uppsala where cells were provided with integral sanitary facilities. The separate sanitary facilities were also
in good state of repair and fulfilled good hygienic standards. Cells were of a sufficient size, clean, well lit and ventilated; the cells in
Kronoberg and Uppsala Blankahuset were also equipped with televisions. However, in all remand prisons visited, the outdoor
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