point that they affect the day-to-day work in remand prisons. According to them, these cuts have resulted in the regime becoming
more restrictive and security-oriented; they feared that this situation might also have implications for the quality of their work.
140.The level of staffing has a direct effect not only on the safety and security of both the detainees and staff, but also
on the possibilities for staff to organize the day-to-day work and on the regime of the institution as a whole. Adequate
levels of staffing also prevent cases of burn out among staff-members and allow them to exercise their full professional
capacity instead of concentrating only on running the daily routines. The SPT recommends that the authorities ensure
appropriate levels of staffing at all times, which are sufficient not only to offer adequate supervision of detainees but also
to organise the daily work in a manner that meets the needs of both detainees and staff.
141.The SPT is also concerned about the allegedly high staff turn-over. For example, according to the officer in charge of
the prisons in the Uppsala region the work in a remand prisons was “transit job��� for many students and that it was very
difficult to recruit persons with longer work experience to work in a remand prison. According to her, the profession
would also need to be more gender-balanced, as most of the persons applying for and getting the posts were women. The
SPT shares these concerns presented by the senior officials and recommends that the relevant authorities ensure
continuity of staff and their proper training to carry out all duties relating to this demanding work.
IV.SUMMARY OF RECOMMENDATIONS AND REQUESTS FOR INFORMATION
A. NPM
142.The SPT wishes to indicate some guidelines concerning certain key features of NPMs and recommends that the government
takes these features into account when re-examining its decision:
(a)The mandate and powers of the NPM should be clearly and specifically established in national legislation as a constitutional or
legislative text. The broad definition of places of deprivation of liberty as per OPCAT shall be reflected in that text;
(b)The NPM should be developed by a public, inclusive and transparent process of establishment, including civil society and other
actors involved in the prevention of torture; where an existing body is considered for designation as the NPM, the matter should be
open for debate, involving civil society;
(c)The independence of the NPM, both actual and perceived, should be fostered by a transparent process of selection and
appointment of members who are independent and do not hold a position which could raise questions of conflict of interest;
(d)Selection of members should be based on stated criteria relating to the experience and expertise required to carry out NPM work
effectively and impartially;
(e)NPM membership should be gender balanced and have adequate representation of ethnic, minority and indigenous groups;
(f)The State shall take the necessary measures to ensure that the expert members of the NPM have the required capabilities and
professional knowledge. Training should be provided to NPMs;
(g)Adequate resources should be provided for the specific work of NPMs in accordance with Article 18, 3 of the OPCAT; these
should be ring-fenced, in terms of both budget and human resources;
(h)The work programme of NPMs should cover all potential and actual places of deprivation of liberty;
(i)The periodicity of NPM visits should ensure effective monitoring of such places as regards safeguards against ill-treatment;
(j)Working methods of NPMs should be developed and reviewed with a view to effective identification of good practice and gaps in
protection;
(k)States should encourage NPMs to report on visits with feedback on good practice and gaps in protection to the institutions
concerned, as well as with recommendations to the responsible authorities on improvements in practice, policy and law;
(l)NPMs and the authorities should establish an on-going dialogue based on the recommendations for changes arising from the visits
and the action taken to respond to such recommendations, in accordance with Article 22 of the OPCAT;
(m)The annual report of NPMs shall be published in accordance with Article 23 of the OPCAT;
(n)The development of NPMs should be considered an on-going obligation, with reinforcement of formal aspects and working
methods refined and improved incrementally.
143.The SPT invites the authorities to take into account the views of the SPT expressed in paragraphs 37 to 41, and requests the
Government to provide information on any new developments in respect of the NPMs within six months.
B. Police
144.The SPT emphasizes the duty of the Swedish authorities to ensure that all persons obliged to stay with the police are made
aware of their basic rights as well as of all the relevant procedural rights that such persons may exercise at this stage of the
proceedings. The SPT also stresses the obligation on the part of the police to assist in the exercise of all such rights as from the very
outset of deprivation of liberty.
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