78 | Annual Report 2019
Monitoring activities – adults
Theme for 2019
Disciplinary cells
The form of solitary confinement called placement
in disciplinary cells (‘strafcelle’) may be used as a
disciplinary sanction when an inmate breaks the
rules of the Prison and Probation Service. Inmates
placed in a disciplinary cell may be in solitary confinement for up to 23 hours a day. The inmate is
entitled to one hour a day outside in the prison exercise yard and to work in his or her cell.
The Ombudsman chose as the theme for 2019
to investigate the use of disciplinary cells. The
reasons for the choice of theme were that solitary
confinement may have adverse psychological
effects and that the use of disciplinary cells in state
and local prisons has risen sharply over recent
years.
The Prison and Probation Service has laid down
guidelines for how the most common transgressions are normally to be sanctioned. For instance,
an inmate is normally sanctioned with 15 days in a
disciplinary cell the first time the inmate is caught
with a mobile phone in a closed prison.
Before the sanction of placement in a disciplinary
cell is imposed on an inmate, statements must be
taken and the statements must be put on record.
The upper limit for placing an inmate in a disciplinary cell is four weeks at a time. However, the inmate
can be placed in a disciplinary cell – or be excluded
from association with others – for a longer period.
As part of the theme for 2019, the Ombudsman’s
visiting teams visited three closed prisons, two
open prisons, 11 local prisons and the Prison and
Probation Service immigration detention centre.
The visiting teams focused especially on
• whether the Prison and Probation Service observes the rights of the inmates when questioning them
• whether the documentation in records lives up
to the rules
• whether the Prison and Probation Service takes
preventive measures against adverse psychological effects on inmates placed in disciplinary
cells
• whether the healthcare staff are informed of and
attend to inmates who are placed in disciplinary
cells
The Ombudsman’s overall assessment
• The guidelines of the Prison and Probation Service should in certain areas be changed with a
view to ensuring the legal rights of the inmates
when it is decided to place them in a disciplinary
cell and in order to take preventive measures
against adverse psychological effects as a result
of placement in a disciplinary cell.
Examples of the Ombudsman’s general
recommendations
• that the institutions under the Prison and Probation Service ensure that the inmate understands
what is said during a disciplinary hearing, and
increase the use of interpreters
Reports on the themes for our monitoring visits can be found at
www.ombudsmanden.dk by clicking next to the small globe icon
at the top of the site, selecting ‘English’ and clicking ‘Read more’
under the heading ‘About the Ombudsman and complaints’ and
then ‘Publications’.
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