EN_CPT_AR.book Page 30 Monday, October 25, 2010 5:14 PM CPT General Report 2009-2010 Report on the periodic visit to Sweden in June 2009 and response of the Swedish authorities (treatment of persons in police custody, restrictions on remand prisoners and the situation of immigration detainees) 57. The information gathered by the CPT’s delegation suggests that persons detained by the police in Sweden run relatively little risk of being physically illtreated. Nevertheless, a few allegations of ill-treatment by the police were received, in particular as regards the time of apprehension; the CPT recommends that the Swedish authorities remain vigilant and continue to deliver the firm message, including through ongoing training activities, that all forms of ill-treatment of detained persons are not acceptable and will be the subject of severe sanctions. The report reviews the legal safeguards against ill-treatment by the police (notification of custody, access to a lawyer and a doctor) and concludes that further action is required in order to bring the law and practice into line with the CPT’s standards. The CPT also invites the Swedish authorities to further develop the system of investigating complaints of police ill-treatment, with a view to ensuring that it is, and is seen to be, independent and impartial. In their response, the Swedish authorities express the view that the proposed new system, according to which internal investigation activities concerning complaints against the police are to be moved from the local police authorities to a separate unit within the National Police Board, will ensure the independence and impartiality of the process. It is also emphasised that all cases of alleged police misconduct are referred to a special unit for police cases directly under the Prosecutor General and consisting of high-ranking prosecutors; it is prosecutors from this unit who decide whether to open a preliminary investigation and which investigative measures should be taken. 58. In the report, the CPT once again expresses concern about the procedure for the application of restrictions to remand prisoners and the impact of such measures on their mental health. At the time of the visit to Gothenburg Remand Prison, restrictions were being applied to 46% of the prisoners, some of them having been subject to periods of isolation of up to 18 months. Further, the programme of activities for such inmates remained impoverished. The CPT makes a number of recommendations aimed at ensuring that the imposition of restrictions on remand prisoners is an exceptional measure. In their response, the Swedish authorities indicate that the new Act on Treatment of Persons Arrested or Remanded in Custody, which should enter into force on 1 April 2011, includes the possibility to appeal a decision on specific restrictions to the Court of Appeal, and ultimately to the Supreme Court. 30