57
National Dialogue
Court decision regarding body searches
In July 2020, Gulating Court of Appeal
ruled that Bergen Prison had subjected an
inmate remanded in custody to degrading
treatment in violation of the European
Convention on Human Rights article 3.
The judgement was unanimous.
Services, Bent Høie, stressed that community and
human contact are crucial elements to reduce
the need for health assistance. The Committee
on Scrutiny and Constitutional Affairs also put
questions to the directors of the Directorate
of Health, Bjørn Guldvog, and the Norwegian
Correctional Service, Lise Sannerud.
A number of organisations participated during the
hearing and these confirmed the report’s serious
findings (see box on page 56).
Following a judgement at Gulating Court of Appeal
from July 2020 (see fact box), the Ombudsman
addressed the practice of body searches with the
Norwegian Correctional Service.
In the period that followed, the Ombudsman
received information that several prisons were still
carrying out routine body searches in a degrading
manner. The Parliamentary Ombudsman therefore
found it necessary to remind key authorities of
their responsibility to ensure that human rights
violations cease immediately.
The inmate was subjected to body
searches a number of times, fully naked
while required to adopt a deep squatting
position, so that the genitals could be
examined visually. According to the judge
ment, the body searches were conducted
routinely without carrying out individual
risk and proportionality assessments.
Findings from the Ombudsman's prison
visits over several years indicate that
similar body search practices are wide
spread in Norwegian prisons and affect
a large number of inmates. After visits to
high security prisons, the Ombudsman’s
NPM has several times criticised the fact
that body searches requiring inmates to be
fully naked are routinely conducted without
individual risk assessments. The Ombuds
man has recommended that fully naked
body searches should take place in stages,
so that the inmate is given upper body
clothing before clothing on the lower body
is removed, to conduct the body search in
the least intrusive manner possible.
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