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 circumstances 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 their imposition no longer exist. The decision to impose specific restrictions 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. 161.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 Court 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 stakeholders. 162.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. 163.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 established in the law or regulations. All staff members working in direct contact with the detainees be provided with training to recognize possible symptoms 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, including 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 detainees. 164.SPT recommends that outdoor facilities available for the detainees held under restrictions be enlarged and offer possibilities for adequate physical exercise. 165.The SPT recommends that the relevant authorities ensure that those remand prisoners not held under restrictions, and who could have a more open regime, do so in practice. To this end, the SPT encourages the authorities to allocate the space available in a way that detainees not under restrictions are not accommodated in the same units as those who are under restrictions. 166.The SPT recommends that the authorities ensure that the requests to see health care personnel are met without delay. 167.The SPT recommends that the authorities ensure that the detainees requiring medical attention in a hospital are not returned to the remand prison before it can be ensured that their state of health corresponds to the level of care that the remand prison may offer. 168.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. 169.The SPT recommends that the relevant authorities ensure continuity of staff and their proper training to carry out all duties relating to this demanding work. Annex I List of officials and others with whom the delegation met A. National Authorities Ministry for Foreign Affairs Mr. Carl-Henrik EhrenkronaDirector-General for Legal Affairs Mr. Bosse HedbergDeputy Director-General Mr. Klas NymanDeputy Director

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