Selected topics from 2015
People restrained in a restraint bed must be under
constant supervision. The NPM also found that some
prison inmates had been so affected by solitary
confinement that they had asked to be restrained in
a restraint bed so that they would not be left on their
own. This is a serious indication of what it feels like
to be in solitary confinement in a security cell.
The police custody facilities are no longer allowed to
use restraint beds, but the custody facilities and immigration detention centre at Trandum is authorised to
use the BodyCuff. This is a type of transport restraint
system that is fastened around the wrists (with
handcuffs), ankles and stomach and where straps
between the hands and feet can be tightened to pull
the hands and feet towards the stomach or back,
respectively. This coercive measure is primarily used
in connection with people being escorted out of the
country, on planes etc. The NPM found no instances
of non-regulated use of the BodyCuff during its visits
in 2015, but did call for systematic registration of its
use and the use of other coercive measures when
escorting foreign nationals out of Norway.
Handcuffs
Some police custody facilities were found during
visits to have hooks to which detainees could be
handcuffed to the wall above a bench in the waiting
room (’the registration room’). This is a practice
that has previously been criticised by the European
Committee for the Prevention of Torture (CPT), and
the NPM recommends that these hooks be removed.
The recommendation was, in most cases, speedily
followed up by the custody facilities in question.
During visits to prisons, inmates on remand were
found to have missed appointments with the
specialist health service because they were wearing
handcuffs and health personnel concluded that the
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examination could not be carried out with the inmate
in handcuffs. This could constitute ill-treatment, and
the NPM recommends a change in practice.
Documentation of the use of coercive measures
The use of coercive measures must be documented
through written administrative decisions and by
logging the sequence of events. This is important
because it provides a basis for expedient internal
control and ensures a real possibility to file a complaint. Documentation is also crucial for ensuring that
the supervisory authorities are able to control the
use of coercive measures. The different supervisory
councils, supervisory commissions and the County
Governor carry out important preventive work and
must be able to check compliance with laws and
regulations and that proper conditions are ensured
for the people concerned.
During the visits, some major differences were found
in practice and in the quality of documentation in
administrative decisions and supervision logs. These
factors should be rectified through clear internal
guidelines and regular training of employees. The
NPM made several recommendations to that effect
and also made a recommendation concerning
patients’ right of access to use-of-force records and
the opportunity to enclose their own comments to
the records.
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