21
Selected topics from 2015
" The NPM’s visits to five prisons in 2015 have shown that
providing a satisfactory activity programme for all inmates
poses significant challenges for the prisons "
Special Rapporteur on Torture have also expressed
grave concern about the harmful effects of solitary
confinement.
With respect to short-term use of solitary confinement,
the ECtHR and the CPT both strongly emphasise
that the competent authorities implement measures
to compensate for the negative effects of solitary
confinement. The CPT has recommended that
concrete measures be implemented in instances of
long-term solitary confinement in order to change the
situation that led to the solitary confinement. During
its prison visits, the NPM has found that the prisons
have implemented certain activation measures for
people in solitary confinement. Several of the prisons
have employed activity staff with responsibility for oneto-one follow-up of inmates in solitary confinement.
Unfortunately, the measures often appear to be rather
unsystematic and are vulnerable to budget cuts.
The use of long-term solitary confinement as a control
measure has been strongly criticised in international
law, and the UN Standard Minimum Rules for the
Treatment of Prisoners (the Mandela Rules) state that
solitary confinement in excess of 15 days is prohibited.
However, Norwegian legislation currently allows complete exclusion from the company of others for up to
one year at a time.3 Although such long-term exclusion
is very uncommon, the NPM found during its visits
in 2015 some cases of exclusion exceeding 14 days
and in individual cases even months and years. This
gives cause for concern, and it is important that the
legal basis for solitary confinement in the Execution
of Sentences Act is assessed in light of the provisions
on solitary confinement set out in the Mandela Rules.
3 Execution of Sentences Act Section 37.
Activity programme and solitary confinement at the
police immigration detention centre
Similar challenges were also identified during last
year’s visit to the police immigration detention centre
at Trandum. The main finding was that the overall
level of control at the detention centre was perceived
as being too invasive, and measures were recommended to ensure compliance with human rights
requirements for necessity and proportionality. Among
other things, measures were needed to strengthen
the organised activity programme at the detention
centre, particularly for long-term detainees. At the
detention centre, solitary confinement took place in
cells that had less furnishings than prison cells. Some
detainees were held in solitary confinement for a long
time, especially following a rebellion in March 2015.
As many as 24 administrative decisions involved
exclusion from company for more than four days. The
longest stay in solitary confinement lasted 23.5 days.
The administrative decisions in these cases did not
include information about why solitary confinement
was to be upheld or whether less invasive measures
for maintaining safety had been assessed.
Activity programmes and conditions similar to solitary confinement at mental health care institutions
During visits to three mental health care institutions
in 2015, challenges were also identified in relation
to activity programmes and conditions similar to
solitary confinement. During its visits, the NPM
reviewed the hospitals’ activity programmes. Examples of activities included trips outside the hospital,
film nights, music group, cooking, arts and crafts,
communal meetings on current affairs topics and
organised workout sessions. During its visits, the
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