14
Establishment of the Parliamentary Ombudsman’s National Preventive Mechanism
The Parliamentary Ombudsman’s National Preventive
Mechanism (NPM) was established in the spring of
2014. The NPM used the establishment phase to prepare
effective implementation of the prevention mandate
in accordance with the requirements in OPCAT. This
included establishing an overview of places of detention,
the definition of work methods and the drafting of documents such as visit handbooks, prioritisation criteria
and the visit schedule for 2014. The NPM also initiated
information and outreach measures. This is further
described in chapters 5–7.
Overview of places of detention
The Optional Protocol gives the NPM a very broad mandate. The NPM is authorised to visit any place under the
jurisdiction and control of the Norwegian authorities
where persons are or may be deprived of their liberty,7
whether public or private. The mandate thus covers not
only the forms of deprivation of liberty that may occur
in institutions such as prisons, police custody facilities
and psychiatric institutions, but also places like military
camps, child welfare institutions, camps abroad which
are under Norwegian control, nursing homes, housing
for persons with developmental disabilities, and the
immigration detention facility. Places where people stay
temporarily, or which are mobile, are also included –
such as the accident and emergency units when someone is there in the course of being deprived of their
liberty (for example to receive treatment while in police
custody or imprisoned). Means of transport used in connection with retention in police custody or deportation
are included as well.
In connection with the preparations for Norway’s ratification of the OPCAT and the resulting statutory amendment, an inter-ministerial working group compiled a
report with a list of places of detention.8 It was emphasised that the list is not exhaustive. The working group’s
report also included an overview of existing supervisory
bodies and supervisory authorities.
Based on the working group’s list, the NPM developed
an updated and more detailed overview of all places of
detention affected by the prevention mandate, and of the
supervisory mechanisms for these places.
This overview formed the basis for the priorities and the
Overview of the number of places affected by the NPM’s
prevention mandate
Place Number
Prisons and transitional housing
Police custody facilities
Police immigration detention
facility (Trandum)
approximately 210
1
Involuntary institutional treatment
(Brøset) 1
Norwegian Armed Forces
custody facilities
Psychiatric institutions
Nursing homes
Child welfare institutions
Housing for persons with
developmental disabilities9
9
approximately 120
approximately 1,000
approximately 150
*
visit schedule as of 2014. The overview will need to be
quality assured and updated on an ongoing basis. Several
sectors are undergoing changes and reorganisations.
Moreover, units in certain sectors are very small – in
some cases involving just one person – and in some
units there will also be doubt as to whether the situation
involves deprivation of liberty. These circumstances
make it impossible to determine exact figures for all
sectors.
The places of detention affected by the prevention
mandate are the responsibility of four ministries and
four subordinate agencies, in addition to the Norwegian
Armed Forces as represented by the Defence Staff.
The NPM has also established an overview of and contact
with the supervisory mechanisms for the different sectors
affected by its mandate. These include the Norwegian
Board of Health Supervision, the county governors, the
supervisory boards for prisons, the psychiatric health
care control commissions, the supervisory council for
the police immigration detention facility at Trandum,
and the central supervisory committee for police custody
PLACES OF DETENTION
Article 4.1 of the Optional Protocol defines places of detention as:
“any place under (the state’s) jurisdiction and control where persons are
or may be deprived of their liberty, either by virtue of an order given by a
public authority or at its instigation or with its consent or acquiescence.”
Norway’s National Preventive Mechanism – Annual Report 2014
63
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