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NPM nonetheless found that the range of activities
offered at several of the hospitals was so limited as
to give cause for concern. Many patients wanted
the opportunity to spend more time outside in the
fresh air and in physical activity, and to have more
active staff who could organise indoor activities.
" The European Court of Human
Rights (ECtHR) and the UN Special
Rapporteur on Torture have also
expressed grave concern about the
harmful effects of solitary
confinement "
Under the Mental Health Care Act, patients who are
committed can be subjected to many invasive treatment
and control measures, including segregation. Segregation
entails that the patient is kept in a room that is almost
devoid of furnishings. Like solitary confinement in prison,
this limits the patient’s sensory impressions and largely
cuts off his/her contact with other people. Segregation
can also be used as a treatment measure or out of consideration for other patients, but never as punishment or out
of consideration for the staff. Because we have relatively
limited knowledge about the effects of segregation and
because segregation infringes on the patient’s liberty, the
NPM is investigating various segregation measures. One
visit revealed that patients subject to segregation spent
most of the day alone and without direct supervision
in the segregation unit. The practice was therefore
similar to solitary confinement. The NPM pointed out
to the same hospital that it was unfortunate to place a
restraint bed in the segregation units because it did not
help to calm down the patients and increased the risk
of restraints being used before less invasive measures
were tried. It was also a concern that patients who had
been committed, who already had limited contact with
other people before segregation commenced and were
therefore particularly vulnerable, had their contact with
the outside world reduced in other ways.
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism against Torture and Ill-Treatment
ANNUAL REPORT 2015
Unauthorised solitary confinement in police custody
facilities, and remedial measures
A stay in a police custody facility is meant to be short;
the detainee must either be released or transferred
to a prison within 48 hours. For many years, the
Parliamentary Ombudsman has expressed concern
about the high number of breaches of the holding
period. In July 2014, Oslo District Court found that
the State had violated ECHR Article 8 concerning
the right to respect for private and family life and the
prohibition on discrimination in Article 14 in a case
concerning solitary confinement in a police custody
facility. The judgment confirms that the police and
prosecuting authority is obliged to do what is possible
within the confines of the existing premises to prevent
isolation, by facilitating extended contact with a
lawyer, time outdoors with others and external visits.
Solitary confinement is not legal unless there is a risk
of evidence being tampered with.
During visits to police custody facilities in 2015, the
NPM investigated what the police do to ensure that
the need for solitary confinement is assessed in each
individual case and that remedial measures against
solitary confinement are implemented. Stays in police
custody cells often cause great mental distress to
people in crisis situations and remedial measures are
essential. The NPM has found that several custody
facilities have not documented that an assessment
has been made of whether solitary confinement is
needed. Findings so far indicate that the police, in
some cases, implement some remedial measures,
such as more frequent stays in the exercise yard with
other detainees. The Parliamentary Ombudsman has
recommended, among other things, that the police
facilitate external visits. A major challenge is that the
custody facilities consist of custody cells without
communal areas. It has yet to be clarified whether
further measures, such as adaptions to buildings, are
being planned to bring the Norwegian practice more
in line with Norway’s human rights commitments.
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