Selected topics from 2020
Legal safeguards
Even though central authorities have maintained
an ongoing dialogue during the pandemic, findings
from the investigation suggests that the Correc
tional Service has found it challenging to adapt the
health authorities’ general infection control advice
to the prison sector. We also found examples of
the introduction of intrusive emergency infection
control measures by some municipalities, before
central guidelines had been drawn up. Lack of
clarity regarding statutory authority and absence of
national guidelines adapted to the prison context
increase the risk that intrusive measures are
introduced locally without an adequate evaluation
of proportionality.
The Supervisory Boards for the correctional servic
es did not conduct physical supervision during the
period of investigation; however, they had largely
continued the processing of individual enquiries
from inmates. Alternative methods of supervision
had been considered to some degree, but these
had not yet been implemented. The restrictions
that were imposed upon inmates indicated that
arrangements should have been in place for
effectively working supervisory bodies, also during
the pandemic.
Conclusion
The pandemic created an ambiguous situation,
particularly in its initial phase. The measures that
were implemented must be considered in light of
the available information about the virus and level
of infection in the community at the time when
the measures were introduced. The Correctional
Service succeeded in avoiding major infection out
breaks in prisons and introduced a broad spectrum
of measures to protect the rights of inmates during
the pandemic. At the same time, the Ombudsman’s
investigation concluded that there had been major
variations in the inmates’ access to compensatory
measures during this difficult period. The investi
5
https://www.sivilombudsmannen.no/en/torturforebygging/
25
gation indicated that many inmates experienced a
high degree of isolation during the period.
It is particularly concerning that intrusive measures
such as quarantine and solitary confinement were
introduced based on unclear statutory regulations,
and that inmates in quarantine and solitary
confinement did not receive adequate supervision
from the healthcare services.
The purpose of the investigation was to contribute
to a reduction in the risk of inhuman and degrading
treatment in case of a possible new pandemic
outbreak. In the report, feedback regarding eight
central issues was given to the responsible
authorities. These concerned, inter alia, the need
for close coordination and dialogue between the
Correctional Service and the health authorities.
The report from the investigation was distributed
to the Ministry of Justice and Public Security, the
Ministry of Health and Care Services, the Correc
tional Service and the Directorate of Health. It was
also made available to all prisons and transitional
houses in all five regions of the Correctional
Service. In addition, findings from the investigation
were shared with national preventive mechanism
agencies in other countries. The report is also
available on the Parliamentary Ombudsman’s
website.5
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