27
Selected topics from 2015
On 27 February, the Parliamentary Ombudsman
submitted a consultation response to the proposal.
In the response, the Ombudsman pointed out a
number of factors that should be looked at in more
detail, including how this arrangement addresses
Norwegian human rights commitments, language
and communication between employees and
inmates, and access to health care services.3 The
Ombudsman also deemed the short consultation
deadline to be unfortunate.
committed in the prison and that the Dutch authorities
are responsible for investigating and prosecuting
criminal offences and deaths in the prison.
In line with Norway’s commitments?
Following the consultation, the Ministry submitted a
proposition to the Storting4 for it to give its consent
to the proposed amendments to the Execution of
Sentences Act and to enter into the agreement with
the Netherlands on renting places in Norgerhaven
prison for three years from 1 September 2015. The
Parliamentary Ombudsman, represented by the NPM,
attended the Standing Committee on Justice’s open
hearing on 28 April and pointed out, among other
things, that no reference is made in the proposition
to how Norway aims to honour its commitments
under the UN Convention against Torture in relation
to inmates serving their sentences in the Netherlands.
After the hearing, the Parliamentary Ombudsman
outlined this matter in more detail in a letter to the
committee.5
Under the agreement, the Norwegian authorities have
no authority to investigate criminal offences committed in Norgerhaven prison. The Norwegian authorities
will thereby not be able to implement measures to
investigate or prosecute matters that could fall under
the prohibition on torture and ill-treatment of the
inmates. This will apply both to incidents caused by
Dutch employees in the prison and by the employees’
passivity in the event of violence committed by other
inmates. The UN’s Committee against Torture (CAT)
has stated that it is the state’s responsibility to prevent, prohibit and punish torture and ill-treatment in
any territory under its jurisdiction6. The Ombudsman
therefore found grounds to question whether this type
of limitation on the Norwegian authorities’ capacity
is in line with Norway’s commitments under the UN
Convention against Torture.
The proposition states that inmates serving
sentences in another state will be under Norwegian
jurisdiction. Articles 14 and 17 of Norway’s agreement
with the Netherlands of 2 March 2015, states however
that Dutch criminal law will apply to criminal offences
The state’s responsibility outside its own borders
The UN Special Rapporteur on Torture Juan E.
Méndez presented a report in October 2015, in which
he reminded the states about their responsibility
and commitments under the UN Convention against
" It is the state’s responsibility to
prevent, prohibit and punish torture
and ill-treatment ’in any territory
under its jurisdiction "
3 The Parliamentary Ombudsman, consultation submission on amendments to the Execution of Sentences Act (execution of
sentences in another state etc.), 27 February 2015.
4 Prop. 92 LS (2014-2015) Endringer i straffegjennomføringsloven (straffegjennomføring i annen stat), samtykke til inngåelse av
avtale med Nederland av 2. mars 2015 om bruken av fengsel i Nederland og endringer i statsbudsjettet 2015 (Amendments to the
Execution of Sentences Act (execution of sentences in another state), consent to enter into an agreement with the Netherlands
of 2 March 2015 on the use of a prison in the Netherlands and amendments to the state budget 2015 - in Norwegian only).
5 The Parliamentary Ombudsman, Letter to the Standing Committee on Justice, 6 May 2015, Comment from the Parliamentary
Ombudsman after the hearing of the Standing Committee on Justice, 28 April 2015.
6 The UN’s Committee against Torture, General Comment no 2 (General Comment 24 January 2008, CAT/C/GC/2).
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