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ANNUAL REPORT 2017
on the man and the woman during boarding was not adequately described in
the deportation report. In addition, the course of events after the deportation
had been aborted was inadequately documented as the deportation report
contained no information about the factors and assessments on which the
police officers had based their decision to keep the man’s hands/arms strapped
in a restraint belt after the deportation was aborted at about 6 p.m. and until
he was returned to the Ellebæk Institution for Detained Asylum Seekers at
9.30 p.m.
Finally, the Ombudsman concluded that the police had not adequately substantiated that the use of restraint on the man after the deportation was aborted
had been necessary for its entire duration.
2017-18. Significant documentation errors in connection with
protracted placement in security cell
Following a monitoring visit to a prison, the Ombudsman initiated an investigation of a case of the prison having kept an inmate in a security cell for more
than four days in order to prevent him from harming himself. The inmate had
been forcibly restrained to the bed by means of a waist belt, wrist straps, ankle
straps and gloves. The prison had reported the case to the Department of
Prisons and Probation, which had informed the prison that it had taken note
of the report.
Under the Corrections Act, an inmate may be placed in a security cell if, for
instance, it is necessary in order to prevent suicide or other self-harm. If necessary, the inmate may also be forcibly restrained to a bed by means of a waist
belt, wrist straps, ankle straps and gloves. A guard must be permanently present to supervise an inmate who has been forcibly immobilised, and the guard
must note his or her observations at least every fifteen minutes in a special
supervision form. If in exceptional cases an inmate remains immobilised for
more than 24 hours, the case must immediately be reported to the Department of Prisons and Probation.
During the Ombudsman’s investigation of the case, the prison provided
significant information which had not previously been available about the
inmate’s behaviour while he was immobilised. Both the prison and the Department expressed their regrets that the documentation in the case had been
inadequate, and the Department acknowledged that it should have asked for
supplementary information on receiving the report from the prison.
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